Assets Recovery Agency has moved to court seeking to freeze the property belonging to an associate of Migori Governor Okoth Obado.
In the petition, the agency wants the anti-corruption court to extend orders preserving a property in Loresho Ridge and restrain Jared Kwaga and Obado’s children Evelyne Odhiambo Zachary, Zachary Okoth Obado , Ochola Dan Okoth and Oliver Okieno Odhiambo from selling, wasting or in in other way dealing with the said property for six months.
The agency also wants the court to restrain them from selling or transferring two luxurious Toyota land cruisers KCK 722B and KCK 997W for six months.
The agency commenced investigation over allegations that public officers in the Migori County Government conspired with private contractors to engage in a fraudulent scheme to embezzle public funds through inflated or fictitious procurement contracts.
It emerged that public officers, private contractors and their associates accumulated illicit wealth to the detriment of the public.
Investigations established that firms associated with known proxies of the Migori Governor including Jared Kwaga were systematically awarded high value contracts between 2013 and 2017.
According to court documents in the possession of the NairobiTimez, a sum in excess of Sh2 billion was paid to companies owned by close family members associated with Governor Obado and Kwaga.
Obado’s children and Kwanga’s relatives among them Patroba Ochanda and Joram Opala, their mother Penina Auma Otago as well as Christine Akinyi (Kwaga’s spouse) and his sister in law Carolyne Onyago have denied fraud charges before a Nairbi court.
Of the Sh2 billion, Kwaga allegedly used Sh34.5 million to purchase the Loresho Ridge House but the rent is collected by Obado’s daughter Evelyn Zachary.
Further investigations revealed that Kwaga transferred funds from his personal account no. 01109094181700 held at Co-operative Bank to Obado’s children, who were studying abroad.
The agency made a request for mutual legal assistance through the office of the Attorney General Republic of Kenya to the Central Authority of Scotland, Central authority of UK, and Central Authority of Australia to provide information on funds sent by Kwaga and his companies to Obados.
ARA adds that the material received from Australia through the AG’s office revealed that part of the money sent to Achola Dan Okoth was used to buy the two motor vehicles.
“There are reasonable grounds to suspect that Motor KCK 722B and + KCK 997W were acquired by Achola using proceeds of corruption in the form of fraudulent payments for contracts awarded irregularly without following procurement procedure,” adds the agency.
ARA told the court due to new recoveries requires more time to further investigate the respondents and their dealings or collusion with a view to trace the proceeds illicit wealth gained from fraudulent transactions with the County Government of Migori and assets acquired by the respondents and their companies, within the said period.
The agency added that it was apprehensive that the Kwaga, Achola and Oliver Odhiambo may transfer, dispose or in any other way deal with the properties and two motor vehicles to defeat the course of justice, before the Commission has completed its investigations and commenced civil proceedings.
The agency is apprehensive that the intended civil recovery proceedings will be rendered nugatory unless the orders are granted.
“No prejudice will be occasioned on the Respondents if the preservation orders issued on May 6, 2020 are extended for a further period of 6 months and the above two motor vehicles are preserved for the same period of 6 months,” the Agency submitted.
They argued with absence of an order under Section 56, nothing prevents the respondents from dealing with property in the intervening period by transferring, disposing of or wasting the same, to the detriment of the public.
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