- Through State counsel Peter Ngumi, the agency said the affidavits had gone beyond what the court permitted.
- He said the family should have filed invoices and receipts, as proof of supply of goods and services to National Youth Service (NYS).
Assets Recovery Agency now wants affidavits three members of the Ngirita family, who are fighting a bid to forfeit part of their property to the government, filed in court expunged arguing that they have no bearing to the case.
Through State counsel Peter Ngumi, the agency said the affidavits had gone beyond what the court permitted.
He said the family should have filed invoices and receipts, as proof of supply of goods and services to National Youth Service (NYS).
But the family, through lawyer Edwin Waudo, told Justice Mumbi Ngugi that they had a right to respond to allegations against them since their property was at risk of being forfeited to the government.
In the affidavits, Ms Phylis Njeri Ngirita, her mother Lucy Wambui Ngirita and brother Jeremiah Gichini Ngirita have questioned how the investigations were conducted.
They claim the court and investigators did not allow them to respond to accusations levelled against them, before their accounts and properties, were frozen.
They have also annexed documents showing they have been engaged in legitimate business over the years to justify their sources of income.
However, the agency said the family has not demonstrated or tabled any evidence to support claims that they secured contracts with the NYS, supplied goods or even paid any taxes to the government on income made.
The family also challenged the seizure of their property, claiming they have no bearing to the criminal cases pending before court.
"There is reason to believe that no investigations was ever carried out by the Agency in respect of the matters that fall within its legal mandate under the Proceeds of Crime and Anti money Laundering Act, 2009,” the affidavits reads.
While seeking the forfeiture of the money, cars and land, ARA said the family received millions from NYS but failed to demonstrate how they acquired properties and money that is subject to forfeiture to the government.
The agency said the family has not demonstrated or tabled any evidence to support claims that they secured contracts with NYS, supplied goods or even paid any taxes to the government on income made.
ARA further said the family has not attached trading licenses or the contracts, to support claims that they made the money, being targeted, genuinely.
In the documents filed in court, the Ngiritas said they cultivate maize, watermelons, supplied firewood, bread, uniforms and vegetables among other items to the NYS. The family dismissed accusations of money laundering stating that they are genuine business people.
Mr Fredrick Musyoki, an investigator further said that the funds the family claims to have made from NYS were fraudulently obtained because there is no evidence of any goods were supplied.
“The respondents failed to produce tangible evidence of the purported legitimate agricultural activities or legitimate business of supply of goods,” Mr Musyoki said.
He said Phylis claims to have supplied watermelons, cabbages, English potatoes, onions and green grams worth Sh5.8 million in 2014 and 2014 but a difference of Sh32,874,670 has not been explained.
Justice Ngugi will rule on the application on February 25.