The former head of investigation at the Assets Recovery Agency Francis Musyoki was yesterday taken to task over failure to pursue several leads that would have helped in establishing the source of Sh53 million they want forfeited to the state.
Advocate Ndegwa Njiru questioned Musyoki on statements the Agency had made against his client Anthony Odiero whom they claim obtained the Sh53 million and two high-end vehicles through proceeds of crime.
Musyoki told Justice Patrick Otieno that Odiero's offence was depositing money in small bits which source remains unknown.
But Ndegwa said his client disclosed in his statement substantial information or several leads on how the monies were acquired.
He pointed out to the witness the businesses his client had opened including a gym at Yaya Centre and another dealing with flowers. He would supply flowers to the UAE and other countries.
He would supply flowers to the UAE and other countries.
"Did you establish if he opened his fitness centre at Yaya?" asked Ndegwa. "No" the witness replied.
He, however, mentioned that it's not disputed Anthony operates a flower business and has international clients.
Asked whether he confirmed with the bank how the entries came to his account.
The witness said they interrogated the bank but they equally didn't know where the money came from. Ndegwa told the Judge that his client attempted to let the agency know his source of money but Musyoki interjected saying he never completed writing his statement.
"He left it halfway. I was also intimidated by him after he wrote a complaint against me to the DCI,"
Musyoki told the court that it was the duty of Anthony to explain the source of the funds which he maintains he didn't.
"Our interest was to determine if this was proceeds of crime. We allowed him to explain himself,"
Musyoki added that no agreements, documents or explanation of the people he was dealing with was provided.
In the case, the agency seeks to have the Sh53 million, a Range Rover and Mercedes Benz forfeited to state on the ground what its proceeds of crime.
The agency argues that between 2020 and 2023 Odiero's bank account allegedly received suspicious funds totalling to $596,000 which they believe are proceeds of crime.
However, Odiero in response says the application by the Agency in seeking forfeiture of his assets is based on mere suspicion and malice.
He reiterates that the funds in his accounts are from legitimate businesses known sources being payment in cash for consultancies, brokerage fees and the sale of cut flowers.
Further hearing has been set for September 29.
