An application by former PS Lillian Omollo seeking to have the court visit her alleged farm in Uyoma, Rarieda, is a ploy to delay the case, the Assets Recovery Agency has said.
In an affidavit, officer Fredrick Musyoki wants the application dismissed terming it a diversionary tactic. He said it is meant to delay the hearing and determination of the forfeiture application.
Musyoki says Omollo has not given any shred of evidence to demonstrate that the millions of shillings she has is from her alleged farming business. He also says the former PS has failed to adduce evidence to prove existence of the alleged farm in Rarieda.
Musyoki and Isaac Nakitare had in May told the court that they visited Uyoma but there was no farm.
“The allegation that Omollo is a farmer and the funds were obtained from the farming business is incorrect, deceitful and a ploy to disguise, conceal and hide the source of the funds and classical scheme of money laundering,” read part of the affidavit.
The officers said that when they visited the site, they met one Nam Oneko, a brother-in-law of Omollo who informed them that the land belonged to the family of the late freedom fight Achieng Oneko. The farm has not yet sub-divided among family members. They also established that there were no farming activities going on only and they saw was a piece of land with shrubs.
Musyoki now says application by Omollo does not disclose any reasonable grounds for the court to allow the site visit.
“The alleged crops cultivated by Lillian fall under section 7, 16 and the first schedule of the crops act of 2013 and she has not tendered any evidence of registration as required by the provisions of the said act,” says Musyoki
“That although it is true that the alleged farm business does not exist as explained in our affidavit, the issue before the court is the legitimacy of the funds in the specified accounts in which Omollo has failed to link the same to be alleged farm business,” read part of the affidavit.
Last year, the High Court froze six accounts at Equity Bank registered in the names of Lilian Muthoni Mbogo which had USD 67,331.9, an account in the name of LIDI Estates Ltd which had US D 28,981, another account in the same bank and the same name and which had Sh2,297,495 and another with USD 8,979.83.
Another account at Equity in Omollo’s name had Sh1.68 million, while another account registered as Sahara Consultants held at Diamond Trust Bank had Sh5.65 million and three accounts registered in her children’s names had more than Sh11 million.
Documents filed in court state that the amounts were deposited between January 2016 and March 2018. Omollo was appointed PS for Public Service, Youth and Gender Affairs on December 18, 2015.
The Assets Recovery Agency believes that the monies were unlawfully acquired and successfully had them frozen pending an application for them to be forfeited to the government.
It alleged Lillian made suspicious deposits totalling Sh35 million in 10 accounts belonging to her and relatives while serving as PS.
The case will be heard on July 25.
(Edited by P. Wanambisi)
