High Court faults NYS cash probe as Gethi mother let off the hook

High Court judge Lydia Achode has faulted investigators tracking the theft of Sh791 million looted from the National Youth Service (NYS) for failing to correctly verify properties earmarked for seizure.

The judge yesterday allowed the application seeking to remove Charity Wangui Gethi from proceedings filed by Assets Recovery Agency (ARIA), which seized her property on allegation that the assets were obtained through money stolen from the NYS.

The judge also awarded Ms Gethi costs for being dragged into the scandal and blackmailed as having stolen money allegedly used to acquire some land.
Ms Gethi had earlier denied that she owned properties pursued by the Assets Recovery Agency. Ms Gethi said the properties, which the agency claimed were purchased using her money and “not in any way proceeds of crime.”

Ms Gethi is the mother of businessman Ben Gethi, who investigators claim is one of the key suspects in the NYS theft case. The ARIA had sought to freeze both Ms Gethi’s and her son’s property.

“By consent of parties, Ms Charity Gethi is removed from these proceedings as it has been established that she was not part of the proceedings as alleged by the agency,” the judge said.

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“Whereas it is true that I engaged John Kago, a known land agent, to find, negotiate and finalise the transactions relating to the properties using funds provided by me, it is preposterous to suggest that he bought and registered them in my name using funds embezzled from the NYS,” an affidavit sworn by Ms Gethi stated.

The ARIA had sued Mr Gethi, his mother, sister and 11 other individuals believed to have received proceeds of the Sh791 million stolen from the NYS.
Yesterday justice Achode ruled that Ms Gethi had nothing to do with the said property.