Mathira MP Rigathi Gachagua wants investigator grilled in Sh12.5bn case

Mathira MP Rigathi Gachagua wants to be allowed to cross-examine an investigator over claims that the legislator received Sh12.5 billion through three bank accounts in a period of seven years.

Appearing before Justice James Wakiaga Wednesday, Mr Gachagua said the investigator with Assets Recovery Agency (ARA) Fredrick Musyoki should be cross-examined so that the court can determine the issues the agency wants addressed.

“The court needs to see him. It is impossible to make a determination based on affidavit evidence,” Mr Kioko Kilukumi for the MP said.

ARA, however opposed the application saying it was a ploy by the MP to delay the conclusion of the matter. Through Adow Mohammed, the agency said the most appropriate mode of dealing with the case was through giving evidence through affidavits.

Justice Wakiaga directed the parties to appear before him on June 9 for directions on whether Mr Musyoki will be cross-examined.

In the matter, ARA wants Sh200 million belonging to Mr Gachagua, which was frozen in January, forfeited to the government arguing that the money is proceeds of crime.

The first-term MP allegedly received more than Sh12.5 billion through three accounts in Rafiki Micro Finance Bank but ARA says it could not trace more than Sh5 billion that had been deposited in the MP’s bank accounts.

Mr Gachagua has dismissed the claims saying the money has been in the same fixed revolving fund rotating between three accounts for the last seven years. And upon maturing- quarterly- the principal amount plus interest earned are rolled back to the savings account, at his request. He admitted transferring the funds between his personal accounts and loaning some of his companies, which repaid the money with interest.

Further, Mr Gachagua said he moved the funds between his savings and fixed deposit account and vice versa, to earn interest. In reply, the agency said Mr Gachagua’s defence was an afterthought and baseless collection of invented documents meant to hide the source of the funds.