Ben Gethi’s mother loses bid to retain vehicle
Businessman Ben Gethi when he appeared before the National Assembly's Public Accounts Committee over the Sh791 million NYS scam on October 4, 2016. His mother has lost her bid to retain property allegedly bought by proceeds of the NYS loot. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP
What you need to know:
- High Court Judge Hedwig Ong’udi, of the Anti-Corruption and Economic Crimes Division, on Thursday ruled that the Asset Recovery Agency is allowed by law to detain Charity Wangui Gethi’s property while forensic investigations are under way.
- Ms Gethi had argued that her right to property had been violated by the agency and that the motor vehicle, the subject of the application before court, should be returned to her for safe custody.
The mother of one of the key suspects in the theft of Sh791 million from the National Youth Service (NYS) has lost a bid to retain a vehicle allegedly bought using the stolen funds.
High Court Judge Hedwig Ong’udi, of the Anti-Corruption and Economic Crimes Division, on Thursday ruled that the Asset Recovery Agency is allowed by law to detain Charity Wangui Gethi’s property while forensic investigations are under way.
Ms Gethi had argued that her right to property had been violated by the agency and that the motor vehicle, the subject of the application before court, should be returned to her for safe custody.
STOLEN MONEY
The agency, for its part, had told the court that their investigations had revealed that the vehicle was bought using money stolen through the NYS fraudulent transactions.
Justice Ong’udi, however, said besides stating that she was not involved in the NYS scandals, Ms Gethi had failed to explain how she bought the vehicle.
“Yes, it’s her property, but how did she acquire it? She has not mentioned anything about the acquisition,” Justice Ong’udi said.
The judge explained that the agency, through its forensic investigations, believes the vehicle was bought using stolen money, adding that until that issue is determined by the court, Ms Gethi cannot claim an absolute right to the asset.
CRIMINAL CHARGES
The High Court was also informed that Ms Gethi and others are already facing criminal charges for alleged money laundering in a magistrate's court.
“The trial court will hear her and the others and make a determination,” ruled Justice Ong’udi.
Ms Gethi had also claimed that she uses the vehicle for her business and so its continued detention is causing her undue suffering, which she argued outweighs the agency's arguments that the vehicle may be damaged, concealed or transferred.
But the judge said Ms Gethi had failed to present evidence to show that she is incurring any losses as a result of the detention of the vehicle.
Further, he said the vehicle is the subject of another court case and will still be required by the court as an exhibit, the judge said.
SH791 MILLION
In August last year, eight suspects linked to the scam were charged in a fresh case of money laundering, and were each released on cash bail of Sh300,000 or an alternative bond of Sh1 million after they pleaded not guilty to 15 counts relating to transactions the prosecution says involved the stolen funds.
The case is among several other corruption matters that were late last year transferred to the newly established Anti-Corruption and Economic Crimes Division of the High Court.
