A businesswoman associated with Deputy President Rigathi Gachagua who forfeited more than Sh1 million in July to the government over claims of money laundering has lost a bid to overturn the decision.
Ms Anne Kimemia lost the chance to pursue the appeal after the Court of Appeal rejected her application to file the petition out of time.
Ms Kimemia lost Sh1,138,142, which was held in an account at Rafiki Microfinance ltd after the High Court ruled that it was proceeds of crime.
Mr Gachagua lost more than Sh200 million and he has filed an appeal, which is yet to be heard.
Justice Agnes Murgor rejected Ms Kimemia’s application noting that she failed to file the notice of appeal within seven days as required and even failed to file the appeal itself, within 60 days.
“But it would appear that essential steps necessary to be undertaken were not adhered to in this case. This is because I have been through the pleadings and the annexures and cannot find a filed notice of appeal upon which I can rely to invoke the jurisdiction of this court,” the judge said.
Ms Kimemia had argued at the High Court that the money was proceeds of legit and verifiable business she does through her company Jenne Enterprises.
She admitted that some money running into millions went through her bank account and for work done to various government entities.
She further explained that Jenne Enterprises loaned Sh28.5 million to Wamunyoro Investments ltd for purposes of funding a tender for the construction of stormwater drainage facilities in Embu town.
The 2014-2015 tender was awarded to a joint venture between Wamunyoro Investments ltd and Machine Centre ltd, both linked to Mr Gachagua.
She said Wamunyoro Investments later repaid Jenne Sh31 million for the loan.
In the July decision, Justice Esther Maina said she was satisfied that the bank accounts of Ms Kimemia and her company were merely being used to launder money unlawfully acquired from government entities.
“That an order is hereby issued that the above funds be forfeited to the Government of Kenya and be transferred to the Assets Recovery Agency,” the judge said.
