A businessman has testified in court how Mathira MP Rigathi Gachagua allegedly conspired to defraud him Ksh123 million.
Appearing before the anti-corruption and economic crimes court in Nairobi High Court on Wednesday, September 8, the businessman identified as Jimcarter Njagi stated that Gachagua talked him into the Ksh123 million deal by pretending he would help him fund it.
The project was for the supply of theatre, ICU and maternity equipment to Bungoma County Government.
He claimed that the Mathira MP promised to help him carry out the tender but when the money came out, the money went to the politician's accounts and did not receive funds.
Njagi later complained to ARA detectives, believing that his company had been used as a conduit for money laundering to siphon funds from the county government.
The businessman added that when after the ARA started an investigation, he received a call from Gachagua asking him to go to his office at Liaison House near State House.
He proceeded and upon arrival on March 11, 2021, he was directed by the secretary to the boardroom. Rigathi and three other men, one of them a lawyer, were waiting for him there.
“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,” the businessman testified.
He continued to claim that Rigathi issued some directions to the lawyers who gave presented him with an affidavit to append his signature.
He was then coaxed into signing the affidavit without getting an opportunity to read through to get its details. Gachagua had already left the room at the time of signing the affidavit.
“I was not consulted when the affidavit was being written. I did not consent to the preparation and writing of the affidavit,” he says in his statement
He goes on to argue that the signing of the affidavit was not free and fair and that he was not allowed to read the affidavit before signing.
He made the claims in a case where the ARA is seeking to have the MP forfeit Ksh200 million considered as proceeds of crime.
ARA officer Fredrick Musyoki, in his submission to the court, stated that on June 8, he recorded the statement made by Njagi on the affidavit he reportedly signed at Gachagua's office.
Musyoki in his affidavits further disputes the agency bid to have him cross-examined claiming that the legislator has not indicated the need for him to be cross-examined.
“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.”
ARA also wants the wealthy politician to forfeit to the state more than Ksh200 million which is considered to be proceeds of crime.
Musyoki detailed in his affidavit that the MP conspired with his business associates to siphon money from various state agencies through corrupt means.
However, Gachagua has dismissed the allegations labeled against him claiming that he was being targeted for being associated with Deputy President William Ruto.
The DP ally further claimed that he runs legitimate businesses but ARA has disputed his claims.
“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 stated.
