The Ethics and Anticorruption Commission (EACC) has said they are not ready to release the Sh2 million seized at former Kakamega Governor Wycliffe Oparanyas's house.
Through Advocate Philip Kagucia, the Commission told Chief Magistrate Thomas Nzyuki the money cannot be released as they are yet to establish its source.
"The court is saying Sh2m is a small amount to Oparanya but It's a significant amount for the people of Kenya. Give us time to probe" said Kagucia.
The money is part of the items seized by the EACC sleuths following search warrants issued by the court.
Also seized are electronic devices and documents linked to the alleged improper acquisition of property.
The Commission has been probing allegations of embezzling Sh 1.3bn from the county.
Oparanya through his Advocate Davis Osiemo contested the commission's move to hold his money saying the search warrants had clearly defined what was to be seized.
"When we ask them what the connection is between that money and what they are probing, they are not forthcoming with information," said Osiemo.
He explained to the court that the money was for school fees for one of Oparanya's children studying abroad.
He presented in court invoices and documents showing that the money was crucial to them for the sake of the child's fees.
But Kagucia maintained that the source of the money has to be established and verified.
"Yes, there is a disparity between the Sh 1.3 billion and the Sh2 million which we seized. But that money is something that can assist us with the probe," he said.
"If money came out of Kakamega county illegally or irregularly, at some point he will still retain the value. This Sh2m represents the value. And one of the issues at hand is proceeds of crime which falls within our mandate," added Kagucia.
The EACC further said they have already released some of the documents and gadgets that are not being contested
The court subsequently directed the parties to meet on Monday where Oparanya will be questioned about the Sh2 million.
The matter will be mentioned on Tuesday next week for further directions.