Former Youth and Gender Principal Secretary (PS) Lilian Omollo has appealed a decision in which she lost Sh33 million that was declared to be proceeds of crime.
Ms Omollo, who is facing corruption charges has faulted Justice Mumbi Ngugi’s decision saying she allowed the application without evidence and legal soundness.
She said the court ignored evidence on record and decided the matter based on extraneous, irrelevant or unproven consideration, particularly by predetermining her guilt without evidence that there was loss of public funds.
“The judge was wrong in purporting to order forfeiture of the appellants’ funds based on unsubstantiated allegations, assumptions and conjecture without calling for any evidence of any crime,” she said.
It is her argument that Asset Recovery Agency (ARA) failed to show that NYS funds were lost by either adducing evidence of the loss or an investigative report to back the claims.
Justice Ngugi ruled that criminal conviction is not a condition that must be met before making an order for forfeiture.
“Their argument seems to be that it is only the criminal court that can determine whether or not they hold funds which are the proceeds of crime,” the judge said.
She said the former PS failed to explain the source of the funds, hence proceeds of crime and the only conclusion is that the funds deposited in several accounts, were proceeds of crime.
“The respondents have millions of funds in their accounts which this court has found they are unable to show a legitimate source,” she said.
The former PS had put up a spirited fight to save the money, arguing that it was part of her salary, some of which she earned before joining the government.
Ms Omollo added that the money were her salary and her gratuity she was paid after leaving her job at the New Partnership for Africa Development in 2015.
Through her lawyer Stephen Ligunya, Ms Omollo added that when she joined the government as a PS, her salary was also channelled to one of the accounts.
She adde that part of the money was proceeds from her farm in Siaya and her husband’s pay from a consultancy firm in South Sudan.
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