Agency pokes holes in documents of NYS supplier paid Sh1.6bn


What you need to know:

  • ARA said documents provided by James Thuita Nderitu in his defence to the forfeiture of funds in his three bank accounts lacked dates, signatures and official stamps of the NYS.
  • The court had asked the businessman to prove he was genuinely paid for the supplies.
  • The ARA concluded that there were no linkages between the goods allegedly supplied to the NYS and the money received.

A businessman accused of receiving millions for goods not delivered to the National Youth Service (NYS) has been cited for providing delivery documents whose authenticity is in doubt.

The Assets Recovery Agency (ARA) said documents provided by James Thuita Nderitu in his defence to the forfeiture of funds in his three bank accounts lacked dates, signatures and official stamps of the NYS.

The court had asked the businessman to prove he was genuinely paid for the supplies.

“The authenticity and purpose of the documents annexed to the respondent’s replying affidavits…are not reasonably verifiable since they are not dated, signed and do not have official stamps of the NYS,” said ARA in court documents.

The ARA concluded that there were no linkages between the goods allegedly supplied to the NYS and the money received.

Court filings show Mr Nderitu and firms associated with him received Sh1.61 billion from the NYS in the 11 months to November 2017.

The agency obtained orders blocking withdrawal of funds held in three bank accounts linked to the businessman Nderitu that are suspected to have been part of Sh467 million stolen from the NYS in 2017.

The accounts — two at StanChart #ticker:SCBK and one at Equity #ticker:EQTY — are registered in the names of Active Electrons Africa Ltd, Firstling Supplies, and Ameritrade Ltd, all linked to the businessman.

The ARA seeks forfeiture of the Sh4.3 million held at the three accounts it believes are proceeds of crime.

Mr Nderitu and his estranged wife, Yvonne Ngugi, are among civil servants and traders charged with loss of millions at the NYS through fictitious invoices.

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