A former Kisii county official has failed to gain access to Sh3 million of his frozen funds at a savings and credit co-operative society (sacco) after a judge extended a preservation order obtained by the Assets Recovery Agency (ARA) last month.
Alphanus Mokaya Osoro, a former chief officer for fisheries, livestock and veterinary services at Kisii County, moved to court, saying the order obtained by Assets Recovery Agency (ARA) was subjecting his family to untold suffering.
The former county official submitted to the court that he needed Sh55,000 for rent, Sh60,000 (food), Sh21,000 (for household shopping) Sh20,000 for clothing, Sh22,000 for fuel and another Sh20,000 for vehicle maintenance, among others.
Justice Nixon Sifuna, however, directed the orders granted to the ARA preserving the Sh17.8 million at Stima Sacco extended, pending his ruling.
The judge also directed the case to be mentioned on September 27 to confirm whether parties would have filed written submissions and for fixing a ruling date.
“The hardship that the applicant, his family and household are suffering as a result of the preservation orders herein outweighs the risk that the savings held at Stima Sacco may be lost or transferred,” he said.
The agency submitted that Dr Mokaya received large cash deposits in his Stima Sacco account totalling Sh65,142,325. He allegedly withdrew some of the funds, leaving Sh17.8 million.
While moving to court, the agency submitted that the former county official was transferring the money to conceal the source.
“It is in the interest of justice that the amount be preserved since he was in the process of withdrawing the funds, which we suspect are tainted property and proceeds of crime,” submitted the ARA.
Court documents state that Dr Mokaya allegedly received large deposits in his bank accounts but hurriedly transferred the money to his Stima Sacco account to conceal the funds.
He moved to court asking to be allowed to access Sh3 million from the Sacco for “reasonable living expenses” for himself and his family.
