The money laundering fraud which involves Sh791 million National Youth Service has roped in the lawyer who carried out the transaction.
The Director of Public Prosecutions, Keriako Tobiko, endorsed the charging of all the 11 suspects involved in the fraud which has rocked the image of Jubilee administration, including a lawyer, who are among the suspects.
The 11 suspects who reportedly violated section three and four of the Proceeds of Crime and Money Laundering Act are made up of lawyer Patrick Onyango Ogola, John Kago, Josephine Kabura, Charity Gethi, Samuel Wachenje, Anthony Gethii Kihara, Benson Gachoka, Benson Gethi, John Hope Vandamme, Martin Gachara Wanjohi and Jedida Wangari.
A good number of suspects involved in the NYS scam that has caused resignation of Cabinet Secretary Anne Waiguru are already scrabbling to retain their property after the Assets Recovery Agency filed a case to have them confiscated.
As a way of proving their innocence, the suspects have applied in court to challenge the order to seize their assets over graft, rendering them invalid in the market. This is because such property can’t be transferred, mortgaged, disposed, attached or be a subject of any other related transactions for the next six months.
Ever since they became suspects, the suspects dismissed having transacted with NYS, or depositing cash directly or indirectly by the institution as well as not being directors or shareholder of any company linked in the dealings.
Ogola, whose property have been frozen, has confirmed he received Sh103 million from Kago but added it was conveyancing transactions.
He explained to court
I co-operated with Corporal Sautet Jeremiah Matipei and made 2 detailed statements explaining that my Firm had received the total sum of Ksh 103,000,000.00 from the said Mr John Kago Ndugu for the purposes on 2 conveyancing transactions,
The lawyer explained he disbursed Sh60 million in the procurement of a piece of land and spent Sh50 million for an unsucessful transaction.
He further explained to the court that the monies were later sent to some bank accounts designated by Kago. The lawyer also noted he bonded with Kago during the transaction which resulted in him asking for the disposal of his Motor Vehicle KCB 750 Z to him – a Range Rover among the confiscated assets.
The High Court under the Proceeds of Crime and Anti-Money Laundering Act in respect of eight suspects, dished out the order to prevent the suspects from access to their property.
And it was published by Anti-Money Laundering Authority director Ms Muthoni Kimani. The eight suspects and lawyers are reportedly the owners of the property.
The gazette, notice by Ms Muthoni Kimani, describes the properties targeted in the order to consists of two pieces of land in Muthaiga, a house in Rosslyn Estate, Nairobi, Eden Times Restaurant located in Mercury Building along Moi Avenue and a Range Rover Vogue all valued about Sh500 million.
Gethi is presently facing criminal charges of robbing Sh791 million from the Department of Planning in the Ministry of Devolution.
He and 22 others, including former employees of NYS, are facing related charges including the former Devolution PS Peter Mangiti and former NYS boss Nelson Githinji.