• Man says Gachagua forced him to sign affidavit saying money was paid.
• Witness disowns affidavit, says Gachagua conned him out of Sh123 million. Gachagua denies wrongdoing.
Image: STAR
A man claiming he was conned out of Sh123 million by Mathira MP Rigathi Gachagua has claimed he was recently forced to sign an affidavit indicating the cash was paid into his bank accounts.
Jim Carter Njagi had earlier this year told the High Court that Gachagua talked him out of Sh123 million by pretending he would help him fund a project. The project was for the supply of hospital operating theatre, ICU and maternity equipment to Bungoma county.
Gachagua denies wrongdoing.
In court documents, Njagi said Gachagua promised to help him. Instead, he said, Gachagua used him and his company as a conduit for money laundering to syphon funds from government departments. Njagi is a director and shareholder of Encartar Diagnostics Limited.
He made the claims in a case whereby the Assets Recovery Agency (ARA) is seeking to have him forfeit Sh200 million believed to be the proceeds of crime.
Njagi said that on March 11 this year, he received a call from Gachagua asking him to go to his office at Liaison House near State House.
He proceeded and upon arrival, he was directed by the secretary to the boardroom. Rigathi and three other men, one of them a lawyer, were waiting for him there, Njagi said.
“Rigathi then proceeded to show me a copy of a statement I recorded with police officers attached at the Assets Recovery Agency. He asked me why I indicated in the statement that he did not pay me my money,” Njagi’s statement reads.
Rigthai then gave directions to the lawyer present and subsequently gave Njagi an affidavit to sign, Njagi said.
Gachagua left the room and Njagi was given an affidavit that he signed, without being given an opportunity to read it over and understand the contents, he said.
Officer Fredrick Musyoki, an officer attached to ARA, said that on June 8, he recorded Njagi's statement about the veracity of the affidavit he allegedly signed at Gachagua’s office.
The affidavit dated March 11 this year was commissioned by an advocate identified as Meschack Obare. It was about payments to Encarter Limited, Njagi's company, by the Bungoma and Kwale county governments.
Njagi has now disowned the affidavit, saying he did not write it.
“I was not consulted when the affidavit was being written. I did not consent to the preparation and writing of the affidavit,” he said in his statement
He said signing the affidavit was not free and fair and he was not allowed to read the affidavit before signing.
Regarding requests to cross-examine ARA investigator Musyoki on his affidavit, ARA disputes them. It argues Gachagua has not indicated what he does not understand and wishes to cross-examine him on.
“Gachagua has not filed any formal application seeking my cross-examination and is engaging delaying tactics so as to frustrate the expeditious conclusion of this matter,” Musyoki said.
ARA wants Gachagua to forfeit more than Sh200 million, suspected to be the proceeds of crime.
In his affidavit, investigator Musyoki detailed how the MP allegedly planned with his business associates to acquire the money from various state agencies through money laundering and corrupt practices.
The MP has claimed he is being persecuted for being a close ally of Deputy President William Ruto and said his wealth has nothing to do with money laundering.
He said the money is from legitimate businesses. This has been denied by ARA.
“The allegation that Gachagua is doing legitimate business and the funds in issue are obtained from the legitimate businesses is incorrect, deceitful and a ploy to disguise, conceal and hide the source of the said funds and classical scheme of money laundering,” ARA said.
(Edited by V. Graham)