A Jeep Cherokee. PHOTO/PEXELS
BY OUR CORRESPONDENT
The anti corruption court has rejected a request to release a vehicle the Assets Recovery Agency impounded on allegations that it was bought using money stolen from the National Youth Service(NYS).
Judge Hedwig Ong’udi rejected the plea lodged by the mother of the suspected mastermind of the Sh 791 million scam that rocked the Jubilee administration last year.
Charity Wangui Gethi had asked the court to release the Jeep Cherokee registration number KCD 241 Q on grounds that it was wasting away at the DCI headquarters along Kiambu Road.
Through lawyer Edward Oonge, Wangui had stated that the deprivation of the vehicle was causing her undue hardships as she “is unable to move around and conduct her day to day activities.”
The judge ruled that the applicant “had not presented any material to court to show that she was incurring losses as a result of the seizure.
The judge further ruled that the motor vehicle in question is subject of a criminal case pending before the chief magistrate’s court in which Wangui is charged with money laundering and the vehicle is thus an exhibit.
The Assets Recovery Agency obtained an order to impound the vehicle on the strength that it had been acquired using public funds.
Wangui had lodged the application under the Proceeds of Crime and Anti Money Laundering Act(POCAMLA) and had hope for an order to vary the seizure of the Jeep Cherokee.
The lawyer had argued that as of now “no court had found that the motor vehicle in question was a proceed of crime.”
The assets recovery agency has also filed an application seeking the forfeiture of the car, which is pending hearing.
“I do find that the application does not meet the threshold set out in Section 89 of POCMLA to warrant that grant of the order of variation sought, it would not be in the interest of justice to grant the said orders,” the judge ruled.
You can either BECOME A SPONSOR or MAKE A CONTRIBUTION
Nelson Mandela once said: “A critical, independent, and investigative press is the lifeblood of any democracy. The press must be free from state interference. It must have the economic strength to stand up to the blandishments of government officials. It must have sufficient independence from vested interests to be bold and inquiring without fear or favor. It must enjoy the protection of the constitution, so that it can protect our rights as citizens.”
If you like our journalism support us to continue bringing you groundbreaking and agenda setting stories.