Nancy Kigunzu popularly known as Mathew wa Ngara has filed an application asking for the KSh 13.4M that was allegedly recovered from her “place of business”.
She argues that the money should have been presented in court as exhibit and not seized by the state.
“The integrity of the proceedings in this matter are critical, assets recovery is not a party to this case before you,” she told court via her lawyers Cliff Ombeta and Danstan Omari.
They further probed on who had custody of the money. The prosecution responded saying the money was liable for seizure therefore liable for forfeiture.
“We have documents to confirm chain of custody which will be deposited in court in due course but not today,” added the prosecution.
High Court ordered that the money be deposited into the Assets and Recovery Agency’s (ARA).
Prosecution ask court to deny her bail
In a bail hearing held on Monday, the prosecution asked court to deny her together with her co-accused Teresia Wanjiru aka Mathe wa Ngara and the two minors bail saying they are a flight risk.
The prosecution further added that the four are poison to the society and if granted bail they will continue to “poison” the society.
“The accused persons be isolated from society so they do not continue poisoning the society in which they live in, “reads the prosecution’s affidavit in part.
“Should the respondents be released before the investigations are complete, there is a likelihood that they will interfere with the investigations and compilation of evidence,” argued the prosecution.