The Directorate of Criminal Investigations (DCI) on Tuesday, February 14, cleared a suspect's Ksh 291 million wealth, suspected to have been acquired through proceeds of the National Youth Service (NYS) scandal.
Documents filed before the High Court Anti-Corruption Division revealed that the DCI and the Asset Recovery Agency (ARA) sharply differed over allegations that the wealth was acquired illegally.
According to court papers, the DCI detectives found that the properties were acquired using funds rightfully paid by NYS to the suspect's company.
The property that ARA targeted was valued at Ksh291,513,000. ARA wanted the property forfeited to the government as it believed they were proceeds of crime.
In March 2016, the ARA sought orders to recover property in Nairobi’s Muthaiga North and Rosslyn estates, a land parcel in Thika, a restaurant situated along Moi Avenue Nairobi and a Range Rover Vogue vehicle.
The property worth included; an estate property worth Ksh63,513,000, land in Thika Ksh35 million, a restaurant Ksh20 million, Nairobi’s Muthaiga North plot Ksh45 million and funds held at a bank totalling Ksh128 million.
Gethi's mother revealed that she was a beneficiary of the monies paid to NYS and used the funds to purchase the properties in question.
Because the DCI finding of the transactions to be legitimate, the family sought to challenge the acquisition of their properties.
Investigations were based on the company's and NYS's dealings in 2014, in which the firm was awarded a tender to supply diesel and paid Ksh245,279,765.
In an affidavit, the suspect's mother further claimed that the company was not involved in fraudulent or illegal business and all its dealings with NYS were above board.
"DCI concluded that all the payments to the company were authentic/genuine and indeed services were rendered to NYS and payments were rightful," she submitted.
Investigations were necessitated by the NYS Ksh791,385,000 scandal that rocked former President Uhuru Kenyatta's regime.
