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Former Assets Recovery Agency (ARA) head of investigations, Francis Musyoki, yesterday faced scrutiny in court over his failure to pursue several leads that could have clarified the source of Sh53 million that ARA seeks to forfeit to the State.

Advocate Ndegwa Njiru questioned Musyoki regarding ARA’s accusations against his client, Anthony Odiero, whom the agency claims acquired the money and two high-end vehicles through criminal activities.

Musyoki testified before Justice Patrick Otieno, stating that Odiero’s alleged crime was depositing large sums of money in small increments, with the source of these funds remaining unidentified. However, Ndegwa challenged this, asserting that Odiero had provided substantial information and several leads on how the money was acquired in his statement to ARA.

Ndegwa highlighted that Odiero had established legitimate businesses, including a gym at Yaya Centre and a flower business supplying to the United Arab Emirates and other countries. The court heard that these ventures could have been the source of the disputed funds. Ndegwa then asked Musyoki, “Did you establish if he opened a fitness centre at Yaya?” to which Musyoki replied, “No.”

Ndegwa argued that his client had attempted to disclose the source of his money to ARA, but Musyoki interrupted, claiming that Odiero did not complete his statement. “He left it halfway. He also intimidated me after he wrote a complaint against me to the DCI,” Musyoki stated.

Musyoki maintained that it was Odiero’s responsibility to explain the source of the funds, which he claimed Odiero failed to do. “Our interest was to determine if these were proceeds of crime. We allowed him to explain himself,” Musyoki asserted, adding that no supporting agreements, documents, or details about the people Odiero was dealing with were provided.

The case revolves around ARA’s attempt to have the Sh53 million, a Range Rover, and a Mercedes Benz forfeited to the State, arguing they are proceeds of crime. The agency contends that between 2020 and 2023, Odiero’s bank account allegedly received suspicious funds totaling $596,000, which they believe were obtained illegally.

Odiero, however, insists that ARA’s case is based on malice and unfounded suspicions. He argues that the funds in question come from legitimate businesses and known sources, including payments for consultancies, brokerage fees, and the sale of cut flowers.

The hearing is set to continue on September 29.