The High Court will decide on October 1 whether it to visit former Youth and Gender PS Lillian Omollo’s farm in Uyoma, Rarieda.
Omollo was charged over the NYS II scandal. She is battling to retain her assets, which have been subject of investigations in relation to loss of funds at the service.
Last year, the High Court froze six accounts at Equity Bank registered in the names of Lilian Muthoni Mbogo. One had about Sh6.7 million, another in the name of LIDI Estates Ltd had about Sh29 million. Two more accounts had Sh2,297,495 and about 900,000.
Omollo, through lawyer Steven Ligunya, has insisted that she got the money through her farm business. She wants the court to visit the farm to establish its existence and prove that she generates revenue from it.
She told Judge Mumbi Ngugi that when she was summoned by the Assets Recovery Agency, she was only given a twelve-hour notice, making it difficult for her to go with documentation to show ownership.
The court heard that the visitation is crucial and there can be no prejudice.
“It will give the court proof to establish my legitimate source of income. A visit is to have an objective opinion,” Omollo said.
The Assets Recovery Agency, however, opposed the visitation. It said it’s not the duty of the court to enter into "an arena either through investigations or to clarify a matter that a party needs to prove".
The agency, through lawyer Adow Mohamed, said Omollo has not tendered any shred of evidence to demonstrate that the millions of shillings she has are from her alleged farming business. He also said the former PS has failed to produce evidence to prove the existence of the alleged farm.
“The money is proceeds of crime. We gave them a chance to explain, but the explanation was not satisfactory,” said Adow.
In an affidavit, officer Fredrick Musyoki from the agency wants Omollo's application dismissed. He termed it a "diversionary tactic meant to delay the hearing and determination of the forfeiture application".
In May, Musyoki and Isaac Nakitare told the court they visited Uyoma and found no farm.
“The allegation that Lillian is a farmer and the funds in issue are obtained from the farming business is incorrect, deceitful and a ploy to disguise, conceal and hide the source of the said funds and classical scheme of money laundering,” the affidavit reads.
The officers say they met one Nam Oneko, Omollo's brother-in-law, who informed them that the land belonged to the family of the late Achieng Oneko and has yet to be subdivided for family members. They also established that there were no farming activities and only saw “a piece of land with shrubs”.
Musyoki says Omollo's application does not disclose any reasonable grounds for the court to allow a 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 Act,” Musyoki says.
“That although it is true 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 Lillian has failed to link the same to be alleged farm business.”
Another account at Equity in Omollo’s name had Sh1.68 million, and another account registered as Sahara Consultants held at Diamond Trust Bank had Sh5.65 million. 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 recovery agency believes the money was unlawfully acquired. It successfully had them frozen, pending an application for them to be forfeited to the government. It alleged Omollo made suspicious deposits totalling Sh35 million to 10 accounts belonging to her and relatives while serving as PS.
(Edited by F'Orieny)
