The Asset Recovery Agency has applied to a high court seeking forfeiture of a Ksh 50 million held domicile at the National Bank of Kenya belonging to a businessman Anthony Kepha Odiero.
The said amount according to the agency is proceeds of crime.
When the matter came up for hearing before justice, Patrick Otieno, Mr odiero , through his lawyer Ndegwa Njiru, told the court that the state agency has not demonstrated by way of an affidavit or the application before the court how the money held in his client account is a proceed of crime.
The lawyer told the judge that no single piece of evidence had been tendered before the court to demonstrate that the amount in question was either stolen or obtained illegally.
“Your honour, my client, has been working in Dubai and carrying out several businesses. Whatever he gained, he had to save for his future use,” the lawyer submitted.
Mr Ndegwa, while cross-examining the former head of investigation at the state agency Mr Frederick Muasya Musyoki said the the witness has not produced a single evidence or a report arising from his investigation to show that the amount held in his client account is a proceed of crime or money laundering.
The witness was taken through several banking documents, and none of them showed that the money in question was the proceed of crime.
The witness admitted that he did not come across evidence showing that Mr Odiero was dealing in drug trafficking.
Mr Ndegwa told the court that the investigations did not show his client culpable for any crime, and if any, they should have charged Mr Odiero, saying that the order for forfeiture cannot be issued by the court.