- One of the witness is Fredrick Musyoki, a retired investigator with the Assets and Recovery Agency (ARA).
- Musyoki was meant to appear in court on Monday but the Agency told Justice Patrick Otieno that he has since retired and is currently not in Nairobi.
Image: FILE
A judge has ordered the Assets Recovery Agency to ensure it produces its witnesses in court on Wednesday in a case in where a businessman has denied acquiring high-end vehicles and Sh50 million through proceeds of crime.
One of the witness is Fredrick Musyoki, a retired investigator with the Assets and Recovery Agency (ARA).
He is to be cross examined over statements he made in an affidavit concerning Anthony Odiero.
Musyoki was meant to appear in court on Monday but the Agency told Justice Patrick Otieno that he has since retired and is currently not in Nairobi.
They needed more time to secure his presence in court, the Agency said.
Advocate Ndegwa Njiru who is representing Odiero opposed adjournment of the case and insisted that ARA produces its witnesses in court as his client is "suffering psychologically".
But owing to the nature of the dispute, the Judge adjourned the matter and gave the Agency until August 14, to produce its witnesses in court.
"I'm not convinced that the Agency has done enough to comply with court orders of July 30. That failure not withstanding and owing to nature of dispute, I'm prepared to give another chance. The matter is adjourned to August 14. The Agency must present its targeted witnesses for purposes of cross examination," the Judge said.
In one of said affidavits, Musyoki claims that a Ranger Rover, a Mercedes Benz and Sh53 million found in Odiero's account are proceeds of crime and ought to forfeited to the state.
The agency said between 2020 and 2023, there were massive "suspicious cash deposits, withdrawals and transfers in suspicious money laundering schemes".
Musyoki in his affidavit stated that the accounts were being used as conduits of money laundering.
Odiero in response said the application by the Agency in seeking forfeiture of his assets is based on mere suspicion and malice.
He reiterated that the funds in his accounts are from legitimate businesses and known sources being payment in cash for consultancies, brokerage fees and the sale of cut flowers.