ARA Directed to Present Witness in Ksh.50M Asset Recovery Case.

The Assets and Recovery Agency (ARA) has been ordered to produce witnesses in a case where a businessman is challenging allegations of acquiring high-end vehicles and Ksh.50 million through criminal proceeds. Among the witnesses is a retired investigator from the agency, who is expected to testify and be cross-examined regarding statements made in an affidavit related to Anthony Odiero.

The court was informed that the investigator has retired and is currently out of Nairobi. ARA requested additional time to secure his presence before Justice Patrick Otieno. Advocate Ndegwa Njiru, representing Odiero, opposed the adjournment, asserting that the Agency must present its witnesses in court, as his client is “suffering psychologically.” The judge granted the adjournment, setting a deadline of August 14 for the Agency to produce its witnesses.

“I am not convinced that the Agency has sufficiently complied with the court orders of July 30. Nevertheless, due to the nature of the dispute, I am prepared to grant another opportunity. The matter is adjourned to August 14. The Agency must present its witnesses for cross-examination,” said the judge.

According to the investigation officer, a Range Rover, a Mercedes Benz, and Ksh.52 million were discovered in Odiero’s account, which the agency claims are proceeds of crime and should be forfeited to the state. The Agency cited massive “suspicious cash deposits, withdrawals, and transfers” between 2020 and 2023, suggesting money laundering activities.

Musyoki, in his affidavit, stated that the accounts were used as conduits for money laundering. However, the businessman denies these allegations, asserting that the funds in his accounts originate from legitimate sources, including cash payments for consultancies, brokerage fees, and the sale of cut flowers.