The Ngirita family, which has been accused of receiving millions of shillings from the National Youth Service, failed to demonstrate how they acquired properties and money that is subject to forfeiture to the government.
In a reply filed in court, Assets Recovery Agency said the family has not demonstrated or tabled any evidence to support claims that they secured contracts with NYS, supplied goods or even paid any taxes to the government on income made.
The agency further said the family — Phyllis Ngirita, Lucy Wambui and Jeremiah Gichina — has not attached trading licences or contracts to support claims that they genuinely made the money being targeted.
Mr Fredrick Musyoki, an investigator, further said the funds were fraudulently obtained because there is no evidence of any goods supplied to NYS.
“The respondents failed to produce tangible evidence of the purported legitimate agricultural activities or legitimate business of supply of goods,” Mr Musyoki said.
He said Ms Phyllis claims to have supplied watermelons, cabbages, English potatoes, onions and green grams worth Sh5.8 million in 2014 but a difference of Sh32,874,670 has not been explained.
In the documents filed in court, the Ngiritas say they are hardworking Kenyans “who have supplied various government agencies with goods and services for over 20 years”.
The agency moved to court seeking to have three vehicles and several parcels of land forfeited to the government, saying they are proceeds of crime. The properties are linked to Phyllis, her brother Gichini and their mother Lucy.
The agency said from investigations into their bank statements and documents concerning the accounts, it was established that the three and their business entities and associates received funds fraudulently from NYS split in several transactions.
The investigator said there was reasonable cause to believe that the properties are proceeds of crime and need to be preserved pending an application for them to be forfeited to the government.
The case will be heard on November 18.