DP Gachagua Associate Fails in Attempt to Pursue Lost Money


DP Gachagua Associate Fails in Attempt to Pursue Lost Money

The judge orders the referee to reimburse the costs of Grain Bulk Sh2.9m. PICTURES | POOL

A businesswoman associated with Vice President Rigathi Gachagua who lost more than a million shillings to the government in July over money laundering allegations has lost an attempt to overturn the decision.

Ms. Anne Kimemia lost the ability to pursue the appeal after the Court of Appeal rejected her request to file the motion out of time.

Ms Kimemia lost 1,138,142 shillings, which was held in an account at Rafiki Microfinance ltd after the High Court ruled it was the proceeds of crime.

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Mr. Gachagua lost more than 200 million shillings and he filed an appeal, which has not yet been heard.

Judge Agnes Murgor dismissed Ms Kimemia’s request, noting that she had not filed the notice of appeal within seven days as required and even had not filed the appeal itself, within 60 days.

“But it would appear that the essential steps to be taken have not been followed in this case. This is because I have gone through the pleadings and schedules and cannot find a notice of appeal filed on which I can rely on to invoke the jurisdiction of this court,” the judge said.

Ms Kimemia had argued in the High Court that the money was the proceeds of legitimate and verifiable business she carries out through her company Jenne Enterprises.

She admitted that millions of money had passed through her bank account and for work done for various government entities.

She further explained that Jenne Enterprises lent 28.5 million shillings to Wamunyoro Investments ltd to finance a tender for the construction of stormwater drainage facilities in Embu town.

The 2014-2015 tender was awarded to a joint venture between Wamunyoro Investments ltd and Machine Center ltd, both related to Mr. Gachagua.

She said Wamunyoro Investments later repaid Jenne 31 million shillings for the loan.

In the July ruling, Judge Esther Maina said she was satisfied the bank accounts of Ms Kimemia and her company were simply being used to launder illegally acquired money from government entities.

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“That an order is hereby made that the above funds be forfeited to the Government of Kenya and transferred to the Asset Recovery Agency,” the judge said.

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