Former Principal Secretary Lillian Mbogo-Omollo has faulted the Assets Recovery Agency for claiming that her money is not derived from her farming business in Siaya.
Omollo wants the Deputy Registrar of the High Court in Siaya to be ordered to visit her Uyoma farm and make a report for tabling in court.
She brought to the High Court in Nairobi "evidence" of her agribusiness to show that all the funds in her various bank accounts are legitimate.
“The Assets Recovery Agency has since purported to cast aspersions and disputes the very existence of the farm and its production capacity, bringing into dispute one of the income generating sources pleaded by me,” court documents state.
The ex-PS says ARA allegations that the Uyoma agribusiness does not exist are maliciously untrue, mischievous and intended to misguide the court into ordering forfeiture.
"The interest of justice requires that the court breaks the impasse and orders the conducting of a site visit of the agribusiness venture to make its own independent findings as to the production state and its income-generating capacity.”
Omollo’s brother-in-law Nam Oneko has also come out to defend the claims.
Oneko, in an affidavit filed in court, says he is the farm manager of the family agribusiness principally financed by his brother Dick Oneko, Omollo's husband.
He says when two officers from the agency visited their ancestral home on May 9, they neither took notes, photos nor videos.
Isaac Nakitare and Fredrick Musyoki had told the court that they travelled to Uyoma and established that there is no farm in existence as alleged by Lillian, "only a piece of land with shrubs”. They said Oneko informed them that the land belonged to the family of the late politician Achieng Oneko.
Oneko says the report by the agency is full of falsehoods.
He says Musyoki, in questionable circumstances, declined to inspect various portions of the farm.
“I am, therefore, at a loss how he came to his conclusions which in any event are not backed by any reports, photographic or video evidence, hence are patently false and solely intended to misguide the court and the general public,” he said.
The farm, according to Oneko, is open for court visit to ascertain the ongoing agricultural activities and production.
“Court should resolve the impasse and order for a site visit to ascertain for itself the true, objective and unbiased factual position regarding the farm before proceeding to make any order on the forfeiture application."
The agency filed the application seeking the forfeiture of about Sh35 million.
The case will be mentioned on July 15.
Edited by R.Wamochie
