NYS scandal case: Ben Gethi's mum to keep Sh7 million Jeep

From left Josphine Kabura Irungu, Fredrik Okello, Regina Nyambura, businessman Benson Gethi Muchemi , former National Youth Service Director Dr Nelson Githinji and suspended Devolution PS Eng Peter Mangiti before Nairobi Chief magistrate Daniel Ogembo when they were charged over the NYS scam. FILE |

What you need to know:

  • Justice Hedwig Ong’udi ruled that Ms Charity Wangui Gethi purchased the black 2014 Jeep Cherokee before monies suspected to have been looted from NYS were deposited in her accounts.

  • Justice Ong’udi said that, even if she received questionable monies, ARA had failed to prove that they were siphoned from NYS.

  • The agency moved to court in 2016 on claims that the Sh7.3 million car was bought using stolen funds.

The mother of one of the suspects facing charges in connection with the loss of Sh791 million at the National Youth Service on Tuesday won back her vehicle after a judge ruled that it had not been proved that the Jeep was bought using proceeds of crime.

Justice Hedwig Ong’udi ruled that, although Assets Recovery Agency tried its best to link the money to the NYS scandal, Ms Charity Wangui Gethi, the mother of Ben Gethi, showed that she purchased the black 2014 Jeep Cherokee before monies suspected to have been looted from NYS were deposited in her accounts.

QUESTIONABLE MONIES

Justice Ong’udi said that even if she received questionable monies, ARA had failed to prove that they were siphoned from NYS. She said anyone who alleges must be ready to prove and in this case, the agency had failed to table evidence linking the purchase of the vehicle to NYS proceeds.

The agency moved to court in 2016 saying they were investigating the loss of Sh791,385,000 from NYS and have established that motor vehicle worth Sh7.3 million was procured using part of the stolen funds.

ARA successfully applied for the preservation of the vehicle, pending the application to forfeit it to the government.

Ms Gethi submitted that, under Article 40 of the Constitution, she has a right to own property and the case was based on mere suspicions. She complained that the vehicle was wasting away at the C.I.D yard because it wasn’t being maintained.

The court heard that, although Ms Gethi was not a direct beneficiary of the NYS scam, the monies were allegedly received by Josephine Kabura, who is also facing charges in connection to the loss of Sh791 million at the NYS.

TRANSFERRED

ARA had alleged that Ms Kabura received Sh273 million from NYS, which she allegedly transferred to John Kago Ndung’u. It is alleged that some Sh108 million was allegedly transferred to a company known as Goodluck, owned by Mr Ndung’u, while another Sh103 million was deposited to a law firm of Ogolla and Company advocates, who in turn transferred Sh28 million to Ms Gethi’s accounts.

The agency further alleged that she redeemed part of her shares from Old Mutual and purchased the vehicle.

The Judge said that, although it is not disputed that she made several deposits into her accounts which raised some concerns, Ms Gethi bought the vehicle long before the money was deposited into her account.

“It is therefore clear to me that whatever she may have received was not part of the money used to purchase the motor vehicle,” the Judge said adding that one of the companies she owns has not been linked to the scam.