By The Weekly Vision Team
The former head of investigations at the Assets Recovery Agency (ARA) Francis Musyoki was yesterday taken to task over his failure to pursue several leads that would have helped to establish the source of the Ksh. 53 million they want to be forfeited to the state.
Advocate Ndegwa Njiru questioned Musyoki on statements ARA had made against his client Anthony Odiero whom they claim obtained the money and two high-end vehicles through crime. Musyoki told Justice Patrick Otieno that Odiero’s offence was depositing money in small bits whose source remains unknown.
Also see Former ARA Investigator Challenged To Prove Money Laundering Claims In Court Battle Against Businessman
But Ndegwa told the court that Odiero disclosed in his statement substantial information or several leads on how the monies were acquired. He pointed out to the witness the businesses his client had opened including a gym at Yaya Centre and another one dealing with flowers. He would supply flowers to the United Arab Emirates and other countries, the court heard.
“Did you establish if he opened a fitness centre at Yaya?” asked Ndegwa. “No,” the witness replied. Ndegwa told the Judge that his client attempted to let the agency know his source of money but Musyoki interjected saying he never completed writing his statement. “He left it halfway. He also intimidated me after he wrote a complaint against me to the DCI,” said Musyoki.
Musyoki told the court that it was Odiero’s duty to explain the source of the funds, which he did not do. “Our interest was to determine if this were proceeds of crime. We allowed him to explain himself,” he stated. Musyoki added that no agreements, documents or explanation of the people he was dealing with was provided.
In this case, the agency seeks to have the Sh53 million, a Range Rover and Mercedes Benz vehicles forfeited to the state since they are proceeds of crime. The agency argues that between 2020 and 2023, Odiero’s bank account allegedly received suspicious funds totalling to $596,000 which they believe are proceeds of crime.
Odiero however argues that ARA’s case is founded on malice and mere suspicions. He reiterates that the funds in his accounts are from legitimate businesses and known sources such as cash payments for consultancies, brokerage fees and the sale of cut flowers. Further hearing was set for September 29.
