Deputy President Rigathi Gachagua could recover the Ksh202 million confiscated from him by the state following new evidence obtained by the Asset Recovery Agency (ARA).
In an affidavit filed in court by ARA, the institution denounced evidence presented by the Directorate of Criminal Investigation (DCI) in which its findings were cited.
The agency revealed that an inquiry into the alleged fraudulent payments of contracts awarded to Gachagua and affiliate companies revealed no irregularity.
"ARA is satisfied that the amount is not proceeds of crime as was initially perceived and pray that the money be released to the appellant,” read the affidavit in part.
ARA told the court that Gachagua fairly contested and won the tenders advertised by several government institutions and he did not cajole the institutions to remit irregular payments.
“The companies performed their obligation as per the terms and conditions of the contracts to the satisfaction of the institutions.”
“There were no complaints or defaults raised or issued against the said contractor during or after the execution of the contract,” the agency maintained.
Former DCI boss George Kinoti was thrown under the bus for allegedly misleading the agency which led to the report used to corner the DP.
"We relied on their (DCI) conclusion that the funds were proceeds of crime. It was on the premise that they had investigated the matter that we filed the suit to have the money forfeited to the government,” ARA wrote.
Gachagua had come under investigations over payments of several contracts with among others, the County Government of Bungoma and Kenya Power.
Bungoma confirmed that they paid Encarter Diagnostic Limited Ksh35 million for services.
Additionally KPLC attested to remitting Ksh10 million to Wamunyoro Investment Limited for the graveling of Nairobi West Office Yard.
Other contracts found to have been legitimate include a Ksh32 million tender with the State Department for ASAL and Regional Development and Ksh65 million at the Ministry of Lands.
