The claims made by Kenya Kwanza Alliance presidential running mate Rigathi Gachagua and Ann Kimemia that the frozen Sh200 million were made from a legitimate tender won in 2007 were false.
This is according to the Asset Recovery Agency (ARA) in reference to Gachagua's Sh200 million frozen by the court.
ARA said there was no evidence supporting the claims by Kimemia and wants the money forfeited to the state on grounds that they were proceeds from criminal activities.
The agency opines that Kimemia’s account was used as a conduit for money laundering by the Mathira MP.
“The allegation that the duo are doing legitimate business and the funds in issue are obtained from legitimate businesses is incorrect, deceitful and a ploy to disguise, conceal and hide the source of the said funds. It’s a classical scheme of money laundering,” ARA said.
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ARA was responding to an affidavit filed by Kimemia in the case explaining the source of the funds which she claimed were from a tender she won on February 5, 2015.
However, ARA said the notification of the tender award with that date was not addressed to Kimemia but to Machine Centre Limited and Wamunyoro Investment Limited whose directors were listed as Rigathi Gachagua, Arthur Igeria adn Elizabeth Wachufa.
ARA said there is no shred of evidence showing Machine Centre Limited and Wamunyoro Investment Limited performed any transactions under the contract.
“Kimemia has not produced any evidence to show that she participated in the alleged tender indicated in the notification of award. She has also not produced any evidence demonstrating that the notification was ultimately awarded to her or the said companies and she participated in the alleged tender indicated in the notification award,” ARA said.
Apparently, Kimemia has failed to produce any Local Purchase Orders (LPO) for the alleged goods supplied and services rendered under the contract, nor has she produced certificates showing completion of work, not even payments to show work completed.
“She has not produced any payment evidence for any work done as per the alleged notification of award payments rendered. Nothing from her affidavit discloses the legitimacy of the funds in issue,” the agency said.
ARA dismissed the allegation by Kimemia as mere afterthoughts conceived to derail the court process and delivery of pending judgement.