• Property, vehicles, bank accounts considered proceeds of crime, thus, subject to seizure by state proceeds of crime is
• Proceedings involve Sh467 million belonging to NYS
Image: FILE
The Assets Recovery Agency will take possession of five properties and three motor vehicles owned by the Ngirita family facing charges of defrauding the National Youth Service of millions of shillings.
The application is premised on DCI investigations by the DCI into the theft and fraud of public funds amounting Sh467million.
In an application, ARA wants the court to declare the motor vehicles and properties held by Phylis Ngirita, Lucy Ngirita and Jeremiah Ngirita are the proceeds of crime and, thus, liable for forfeiture to the government.
The motor vehicles include KCH 753U Toyota station wagon belonging to Phylis Njeri Ngirita and Opportunity international WEDCO limited; KCH 600H Toyota station wagon registered to Lucy Wambui Ngirita and Platinum Credit limited and KCH 889M Toyota pickup in the names Jeremiah Gichina Ngirita and Platinum Limited.
The properties include 0.70 hectares in Waitaluk in Kitale, registered in the name of Sylvia Ajiambo Ongoro. The agency says the land was sold to Ngirita on June 2, 2016.
Another parcel is in Naivasha Town, which was sold to Ngirita by New Hope for All Nations on July 8, 2016, and another one in Nakuru East measuring an acre which she acquired on April 25, 2017.
She is also alleged to have purchased land in Kiamunyi area of Nakuru town in an agreement dated October 28, 2016. Gchini is said to have acquired land in Mwicingiri area in Naivasha on July 1, 2016.
ARA through Fredrick Musyoki told Justice John Onyiego that the vehicles and properties are believed to be proceeds of crime fraudulently obtained from NYS.
ARA’s preliminary investigations established that the three, who are members of one family, received huge sums of money through their respective entities and personal accounts at KCB Limited.
“Upon investigations, the bank statements and documents concerning the accounts, the agency established that the three and their business entities and associates received funds fraudulently from NYS split into several transactions,” read the court documents.
ARA told the court that the money received from NYS through their businesses and personal accounts was further intra-transferred within the same bank into accounts owned by their family members held at the same bank.
“It is in the interest of justice that court issues an order that the said assets belonging to the three, and which are reasonably believed to be proceeds of crime, be forfeited to government and transferred to ARA,” Musyoki said.
Phylis, according to the affidavit, received in her personal KCB account Sh57 million. Investigations revealed that Phyllis was paid by NYS directly into her personal account, contrary to procedure.
This is a clear case of fraud as there is no evidence of goods or services procured by NYS directly from Phyllis,” Musyoki said. Ngiwaco enterprises' KCB Account owned by Lucy received Sh109 million from NYS. In addition, Waluco investments received Sh154 million from NYS between February 2016 and February last year.
In December last year, the Assets Recovery Agency obtained orders freezing the properties including land and vehicles belonging to the Ngirita family. Justice Hedwig On’gudi granted orders after the agency convinced the court they have reasons to believe that the properties were acquired through proceeds of crime, and money obtained from NYS.
ARA has also sought same orders against James Thuita Nnderitu, Flagstone Merchants Limited, Firstling supplies, Excella supplies limited, Betty Omondi, Flagstone Co. Ltd and Interscope Tech Services.
They want the court to declare funds held in Equity and Standard Chartered Bank accounts as proceeds of crime and therefore liable for forfeiture to the government. They want the funds transferred to them.
Both applications will be heard on April 15.