Former Youth and Gender PS Lilian Omollo has said there is nothing to show that money traced to her bank account was illegally obtained from the National Youth Service (NYS).
In court submissions, Ms Omollo maintained that no money was lost under her watch and the Assets Recovery Agency (ARA) has tabled nothing to prove claims that about Sh35 million that has since been frozen, are proceeds of crime.
PROCEEDS OF CRIME
In the application to be heard Tuesday, ARA said Ms Omollo failed to show how the money was acquired and preliminary investigations indicated that they could be proceeds of crime, which should be forfeited to the government.
The accounts frozen include six at Equity Bank registered in the name of Lilian Muthoni Mbogo that had $67,331.9; an account in the name of LIDI Estates Ltd that had $28,981; another in the same name that had Sh2,297,495; and another with $8,979.83.
Another account at Equity in Ms Omollo’s name had Sh1.68 million, while another at Diamond Trust Bank registered as Sahara Consultants had Sh5.65 million and three accounts registered in her children’s names had more than Sh11 million.
Court documents state that the amounts were deposited between January 2016 and March 2018. Ms Omollo was appointed PS on December 18, 2015.
Her lawyer Stephen Ligunya argued that suspicion, however strong, is not sufficient evidence for the court to make a determination.
Mr Ligunya said it was upon ARA to provide evidence showing how NYS funds were traced or linked to her accounts.
In September, the High Court dismissed an application for a visit to her farm in Rarieda, Siaya County where she allegedly cultivates crops for commercial purposes.
“In my view, a site visit to a farm to establish whether or not such a farm can be the source of large sums of money deposited in bank accounts kilometres away would really be to chase after a mirage,” Justice Mumbi Ngugi ruled.
The Judge added that there was no evidence that Ms Omollo owns the said farm and there was no connection between the farm and the funds.