- In the papers, EACC listed the governors children; Evelyne Adhiambo Zachary, Dan Achola Okoth, Scarlet Susan Okoth and Jerry Zachary Okoth as respondents.
- Jared Kwaga, has been listed as the director of companies that were awarded fictitious contracts by the county government and paid millions of shillings.
The anti-graft agency now seeks to attach luxury cars and a posh house linked to Migori Governor Okoth Obado in a bid to recover Sh73.47 million the county government lost.
In an application filed under a certificate of urgency at the High Court, the Ethics and Anti-Corruption Commission says the properties were acquired by proceeds of corruption.
“It is therefore just and fit to prohibit the defendants, their agents, servants and/or any other persons from alienating, wasting, transferring, disposing or in any other way dealing with the properties,” EACC said through advocate Culent Simiyu Lunyolo.
Last year, Obado and his four children were charged with graft after the prosecution linked them with the theft of Sh73.47 million.
They were released on a bail of Sh45 million.
Obado also faces a murder case following the brutal murder of his pregnant girlfriend Sharon Otieno in 2018.
In the papers, Lunyolo sought the High Court’s nod to attach the governor’s multimillion shilling house—Loresho Ridge—and luxury cars Land Cruiser V8 registration number KCK 997W and KCK 722B.
“The assets aforesaid are proceeds of crime within the meaning of Section 47 Anti-Corruption and Economic Crimes Act (ACECA, 2003); Section 11(1)(j) EACC Act, 2011; and Section 2, Proceeds of Crime and Anti-Money Laundering Act, 2009 (POCAMLA) and are therefore liable for forfeiture to the Government,” it says.
The loot, EACC holds, was acquired through a family and proxy network involving the governor, his children and close associates.
In the papers, EACC listed the governors children; Evelyne Adhiambo Zachary, Dan Achola Okoth, Scarlet Susan Okoth and Jerry Zachary Okoth as respondents.
Jared Kwaga has been listed as the director of companies that were awarded fictitious contracts by the county government and paid millions of shillings.
"The companies were shell companies as they only existed on paper with no physical offices and employees and were all under the direct control of the sixth defendant," the commission said.
Kwaga, EACC says, controls 16 related companies registered ostensibly to secure procurement contracts from the county, with the intention of channelling the proceeds to the governor.
“Financial investigations of the bank statements of accounts operated by all the 16 companies revealed a money laundering scheme with the intent to disguise the source of the said money.
“The transactions showed huge cash withdrawals and several wire transfers from the respective bank accounts to the sixth defendant for onward transmission to the first defendant indirectly through his children and for purchase of properties,” the commission says.
The commission said Obado, in abuse of his power as governor, amassed assets valued at Sh73.47 million procured from proceeds of dubious contracts with the county government.
The contracts, it says, were fictitious or procured irregularly or in circumstances of conflict of interest.
“These proceeds have been traced to the governor from the County Government of Migori,” read the documents in part.
Lunyolo said that Sh38.94 million was wired to Dan and Jerry for their university tuition fees and upkeep.
A portion of the cash was used to purchase the two luxury motor vehicles of Dan registered in the names of Dan and a private limited liability company.
“Investigations established that the defendants colluded and devised a scheme, to misappropriate and embezzle public funds of the County Government of Migori,” the document reads.
-Edited by SKanyara