Kenya Kwanza deputy presidential running mate Rigathi Gachagua, on Thursday, July 28, cried foul after the High Court ordered him to forfeit Ksh202 million to the state.
He described the judgment as a blatant attempt to curtail Kenya Kwanza's bid to ascend to the presidency in the upcoming August 9 poll.
Gachagua claimed, without evidence, that the judgment was hastily delivered after he defeated his Azimio presidential running mate, Martha Karua in the deputy president's debate held last week.
"The judgment was hastily rushed ten days before the elections in a futile attempt to undermine my candidature in the coming elections and dent my sterling performance in the running mates debate last week," the Mathira MP stated.
He promised to appeal the judgment at the Court of Appeal, on the grounds that he had been denied a fair hearing.
Gachagua faulted judge Esther Maina for allegedly declining to cross-examine the investigators in order to test the authenticity of the allegations.
"The judgment today by Justice Esther Maina, in my case against the Asset Recovery Agency, did not come as a surprise to me and my lawyers.
"The Judge was biased against us from the word go and threw caution to the wind by conducting a sham trial. Against the rules of evidence, she refused our application to cross-examine the Investigator in order to test the veracity of his allegations."
"She ruled that all evidence should be through affidavits and rejected oral evidence," he claimed.
Justice Maina had ruled that the legislator acquired the funds from government agencies without supplying any goods or services.
"The court finds that the funds are liable to forfeiture as the Assets Recovery Authority (ARA) has discharged its burden of proof that the funds were received by Gachagua," the judge ruled.
