Former Youth and Gender PS Lillian Omollo has dismissed claims that money she holds in several banks are proceeds of crime.
While opposing an application by Assets Recovery Agency (ARA) for the cash to be forfeited to the government, Ms Omollo said there is no connection between the money and the National Youth Service to warrant the forfeiture.
Further, Ms Omollo said there is no evidence to support the allegation that the subject bank accounts contain proceeds of crime.
The agency moved to court in October last year and obtained orders freezing the accounts at Equity and Diamond Trust Bank.
ARA argued that they have reasonable grounds to believe that the funds were stolen from NYS.
The accounts had in total Sh33 million.
They include six accounts at Equity Bank registered in the name of Lillian Muthoni Mbogo which had $67,331.9, an account in the name of LIDI Estates Ltd which had $28,981, another account in the same bank and the same name and which had Sh2,297,495 and another with $8,979.83.
Another account at Equity in Ms Omollo’s name had Sh1.68 million, while another registered as Sahara Consultants held at Diamond Trust Bank had Sh5.65 million.
Three other accounts registered in her children’s names had more than Sh11 million.
The agency believes that the monies were unlawfully acquired and successfully had them frozen pending the determination of forfeiture.
High Court judge Mumbi Ngugi had directed ARA and Ms Omollo to file their submissions ahead of the hearing on June 6.
But Ms Omollo argued the application is premature and fatally defective because she has not been convicted of any crime.
She is currently facing charges, together with former senior government officials at NYS, over the loss of Sh468 million.
Ms Omollo said she presented clear, cogent and irrefutable evidence showing her legitimate and lawful source of the funds only for the police to dismiss it.
The former PS claimed that the amounts were from her farming business in Bondo and payments for consultancy services to her husband who worked in South Sudan.
“I deny the allegations that no reasonable explanation was given showing legitimate source of funds, principally because on November 19, 2018, I duly gave and delivered to the applicant my documents and evidence showing legitimate sources of funds held in the subject bank accounts”, she said.
Ms Omollo says ARA conclusion that the funds held in the said bank accounts were stolen from the NYS is incorrect, irrational, unreasonable and malicious for deliberately ignoring her clear evidence in their possession.
“I vehemently deny the allegations that the money held in the subject bank accounts are proceeds of crime,” she said.
Ms Omollo said as the PS she ensured that the applicable control systems, standards and procedures required, were duly complied with while procuring goods and services.
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Publish date : 2019-04-11 07:56:48