The Kenya Kwanza running mate and Mathira Member of Parliament Rigathi Gachagua moved to Court on Tuesday, August 2, to challenge a verdict ordering him to forfeit Ksh202 million.
Through his lawyer Kioko Kilukumi, Gachagua filed a petition at the Court of Appeal to block the Asset and Recovery Agency (ARA) from reclaiming the funds.
The money is said to be in his two bank accounts which he argued were acquired legally and not via corruption means as earlier ruled by the High Court.
“Mr Gachagua being dissatisfied with the decision of High Court Judge Esther Maina delivered on Thursday last week intends to appeal to the Court of Appeal against the whole decision,” said Kilukumi.
The first time-MP argued the court did not give him enough time to explain source of his funds, a decision he described as a blatant attempt to curtail Kenya Kwanza's bid to ascend to the presidency in the upcoming August 9 poll.
Gachagua was ordered to forfeit the funds by Justice Esther Maina of Anti-Corruption division of the High Court on July 28.
This was after ARA convinced the court that he acquired the money from government agencies without supplying any goods or services and therefore was a beneficiary of proceeds of corruption.
"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," Justice Maina ruled.
Justice Maina ruled that ARA had proven beyond doubt that Gachagua and his associates engaged in corrupt practices and acquired the millions, which they could not explain.
The vocal lawmaker previously claimed that the decision was political witch hunt after he outsmarted his Azimio presidential running mate, Martha Karua in the deputy presidential debate held on July 19.
"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.
Gachagua's appeal comes against the backdrop of an intensified political rallies from both coalitions, Kenya Kwanza and Azimio La Umoja as the campaign period hits fever pitch ahead of the August 9 poll.
