Nairobi — United Democratic Alliance running mate Rigathi Gachagua now says he will appeal the court order ordering the surrender Sh202 million to the government, describing it as "biased and an attempt to undermine my candidature."
Gachagua says the motive of the order issued 2 weeks to the election is suspect and only aimed at intimidating him.
"Against the rules of evidence, the judge refused our lawyers to cross-examine the Investigator in order to test the veracity of his allegations. She ruled that all evidence should be through affidavits and rejected oral evidence," he said.
The court ordered him to surrender Sh202 million to the state after failing to explain its source.
According to the Mathira MP, the judgment was an attempt to interfere with his upward political trajectory as a running in the Kenya Kwanza Alliance.
"The judgment was hastily rushed ten days before the elections in a futile attempt to undermine my candidature in the coming elections and dent my sterling performance in the running mates debate last week," Gachagua stated.
While delivering the ruling, Anti-Corruption Court judge Esther Maina ruled that Gachagua who is Deputy President William Ruto's running mate, admitted that he received the funds from government agencies but there was no evidence that he supplied any services or goods.
She stated that the funds at Rafiki Micro Finance Bank, are held in four accounts with one holding Sh165 million, a second account holding Sh35 million while the other holds Sh773,228.
According to justice Maina, all three are registered in Gachagua's name names with a fourth account, holding Sh1,138,142 in the name of Jenne Enterprises.
"I have carefully considered the evidence on record including affidavits, annexures and submissions by all parties and I am satisfied that the funds are liable for forfeiture to the government," the judge said.
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Justice Maina said the Assets Recovery Agency (ARA) had proved that the MP and his companies benefitted from funds yet they did not deliver any goods or provided any services to the ministries or agencies, which gave tenders to him.
The court also dismissed claims by Gachagua that he put the money in fixed deposit accounts and loaned to some of his companies to earn interest.
Court records show that the funds emanated from the Ministry of Lands (Kenya Informal Settlements Programme), state department for Special Planning, Ministry of Health, Bungoma county government, Mathira Constituency Development Fund, Nyeri county government and National Irrigation Board.
