Agency wants assets in NYS case transferred to State

Suspects linked to NYS scandal in court. PHOTO | FILE

The Assets Recovery Authority (ARA) is seeking court orders to transfer back to the government five prime assets suspected to have been bought using Sh791 million stolen from the National Youth Service (NYS).

ARA, through the application filed by Director Muthoni Kimani, wants the High Court to issue an order of forfeiture against the properties in Nairobi’s Muthaiga North and Rosslyn estates, Thika, Eden Times Restaurant which is within City Centre and Range Rover Vogue KCB 750Z.

The properties are registered in the names of five suspects , among them Ms Charity Wangui Gethi, Ms Jedidah Wangari Wangui, Mr John Kago Ndung’u and a lawyer, Patrick Onyango Ogolla.

“There are justifiable grounds for the properties and assets procured either directly or indirectly using proceeds of crime rendering them to be liable for civil forfeiture, this will be fair and just to the citizens of Kenya who are victims here,” Ms Kimani said.

ARA in December got a court order freezing any dealings in the properties for six months as they completed investigations.

The Thika property is a land valued at Sh35 million and belongs to Mr Ndung’u, while the Rossylne estate property is a house owned by Ms Gethi, whose son Ben Gethi is alleged to have been a major player in the fraudulent dealings.

The motor vehicle is Mr Gethi’s and was purchased with two installments of Sh10 million and 13,480,000 on January 21 and January 27, 2015.

The suspects are among 11 people the director of Public Prosecutions recommended for prosecution over the NYS scam.

The NYS scandal first came to light in June after it was discovered that nearly Sh800 million had been irregularly transferred from NYS’ Integrated Financial Management System (IFMIS) accounts to three companies for procurement of building materials.

Police believe the money was then transferred from the supplies firms to 20 bank accounts, belonging to a number of companies, law firms and individuals and has also sought a freeze of the bank accounts until investigations are complete.

An interim report by the Banking Fraud Investigation Unit (BFIU) revealed that Mr Gethi may have been the biggest beneficiary of the Sh791 million scam, having used the money to buy several assets through proxies.

The BFIU further reported that the many parcels of land and homes Mr Gethi bought were registered to his family members.

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