REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS
CIVIL DIVISION
MISCELLANEOUS APPLICATION NO. 601 OF 2015
IN THE MATTER OF:

AN APPLICATION BY THE ASSETS RECOVERY AGENCY FOR ORDERS UNDER SECTIONS 81, 82 AND 87
OF THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT READ WITH ORDER 51 OF THE
CIVIL PROCEDURE RULES TO PROHIBIT THE TRANSFER AND OR DISPOSAL OFF OR OTHER DEALINGS
(HOWESOEVER DESCRIBED) WITH THE PROPERTY KNOWN AS MAISONETTE HOUSE AT KASARANI LR
NO 20857/190, PLOT NUMBER L.R NO RUIRU JUJA EAST BLOCK 2/360, MOTOR VEHICLE TOYOTA
PRADO REGISTRATION NUMBER KCD 536P, REGISTRATION NUMBER KCE 874R STATION WAGON
TOYOTA PRADO.

BETWEEN
THE ASSETS RECOVERY AGENCYAPPLICANT
AND

SAMWEL WACHENJE alias SAM MWADIME 1ST RESPONDENT

SUSAN MKIWA MNDANYI.2ND RESPONDENT
VANDAMME JOHN.3RD RESPONDENT
ANTHONY KIHARA GETHI.4TH RESPONDENT
CHARITY WANGUI GETHI.....5TH RESPONDENT
NDUNGU JOHN...6TH RESPONDENT
GACHOKA PAUL 7TH RESPONDENT
JAMES KISINGO..8TH RESPONDENT
AND
JANE KABURA INTENDED INTERESTED PARTY
NOTICE OF MOTION
(Order1 and order 51 Of the Civil procedure Act cap 21,and all other enabling provisions of the law. )
TAKE NOTICE that this honourable court will be moved on the day of
2015 at 9 Oclock in the forenoon or so soon
thereafter as the matter may be reached for hearing of an application on the part of Counsel for JANE KABURA the intended
Interested Party /applicant herein for ORDERS THAT
1. THAT Jane Kabura be enjoined in these proceedings as an Interested Party .
2. That Jane Kabura do le pleadingsand responses in this matter
3. THAT the costs of this application be provided for.

WHICH APPLICATION is grounded on the afdavit of JANE KABURA the Intended Interested Party / Applicant herein and on the
following grounds:
1.

THE proceedings herein commenced by the ASSETS RECOVERY AGENCY are a misuse of the court process aimed at
shielding real players in the alleged embezzlement of public funds .

2.

THE proceedings touch on me personally and the my companies and the payments made to my companies in ordinary
course of business .

3.

THERE is a necessity that the court appreciates proper facts into the affair and be able to give an informed nding

4.

The Applicants herein the Assets Recovery Agency have peddled falsehoods misleading the court into issuing orders to
the detriment of innocent third parties.
DATED at NAIROBI this

day of

2016.

____________________________________

XXXXXX
ADVOCATES FOR THE INTENDED INTERESTED PARTY
DRAWN AND FILED BY
*************

TO BE SERVED UPON
Oraro & Company
Advocates
6th Floor ACK Gardens Annex
1st Ngong Avenue,
P.O. Box 51236-00200
NAIROBI.
The Assets Recovery Agency.
Attorney Generals Chambers
NAIROBI.
MMA Advocates, LLP
Trans National Plaza, 9th Floor
Wing B City Hall Way , Opp. The Supreme Court,
Tel +254-733-121-000/0708-222-111
E mail : info@mmaadvocates.co.ke
P.O. Box 112233-00100
NAIROBI.
Wagara, Koyyoko & Company
Advocates
Elgon Court, Block A Apartment A4
Ralph Bunche Road
P.O. Box 4078-00100
NAIROBI.
Email: wakoyoadvocates@gmail.com

Josephine Kabura Irungu

Sam M Mwadime
Martin Muthomi Gitonga
Jedida Wangui Gethi
P.O. Box 12633-10109
NYERI.

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS
CIVIL DIVISION
MISCELLANEOUS APPLICATION NO. 601 OF 2015
IN THE MATTER OF:

AN APPLICATION BY THE ASSETS RECOVERY AGENCY FOR ORDERS UNDER SECTIONS 81, 82 AND 87

OF THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT READ WITH ORDER 51 OF THE
CIVIL PROCEDURE RULES TO PROHIBIT THE TRANSFER AND OR DISPOSAL OFF OR OTHER DEALINGS
(HOWESOEVER DESCRIBED) WITH THE PROPERTY KNOWN AS MAISONETTE HOUSE AT KASARANI LR
NO 20857/190, PLOT NUMBER L.R NO RUIRU JUJA EAST BLOCK 2/360, MOTOR VEHICLE TOYOTA
PRADO REGISTRATION NUMBER KCD 536P, REGISTRATION NUMBER KCE 874R STATION WAGON
TOYOTA PRADO.

BETWEEN
THE ASSETS RECOVERY AGENCYAPPLICANT
AND

SAMWEL WACHENJE alias SAM MWADIME 1ST RESPONDENT

SUSAN MKIWA MNDANYI...2ND RESPONDENT
VANDAMME JOHN.3RD RESPONDENT
ANTHONY KIHARA GETHI 4TH RESPONDENT
CHARITY WANGUI GETHI ......5TH RESPONDENT
NDUNGU JOHN ...6TH RESPONDENT

GACHOKA PAUL 7TH RESPONDENT

JAMES KISINGO ..8TH RESPONDENT
JANE KABURA INTENDED INTERESTED PARTY

SUPPORTING AFFIDAVIT.
I I, .., a resident of Nairobi County and of Post Office Box NumberNairobi in the Republic of

Kenya do hereby make oath and solemnly swear ad state as follows:

1. THAT I am a female adult of sound mind residing and working for gain in Nairobi and elsewhere and one of the
parties in this case and hence competent to swear this affidavit.
2. THAT I am a business lady and a general merchant undertaking numerous projects in both the private and public
sectors.
3. THAT I do my businesses through a chain of over twenty (20) duly registered companies.
4. THAT I source my businesses through either the normal procurement process for the public sector and/or private
engagement with the procuring entities for the private sector.
5. THAT I am involved in business with is the National Youth Service (NYS).and involved in supply of building
materials .

6. THAT through these I have raised invoices and the NYS has always paid for the works done and services delivered
through the Ministry of Devolution & Planning in the normal course of business.
7. THAT with regard to the contracts under investigations by several Government agencies and which form the basis of
this case, I wish to state as follows.
8. THAT I met Ann Mumbi Waiguru (former Cabinet Secretary) while working at KDN between April and May 2012
and WE became friends and great acquaintances.
9. THAT at her request, I took my CV personally to her at her house in Runda I found her in the house where we
exchanged greetings and she introduced me to her sons Ian Ron and Don.
10. THAT during the time we met, she drove a maroon Mercedes Benz C200 but she later replaced it with the new
Mitsubishi Pajero gold in color.
11.THAT after introduction and light discussion I gave her my CV and we plunged into the issue of how she could
assist me do business with various Government and private organizations .
12.THAT she informed me she could link me with influential and resourceful contractors at the Finance Ministry
including a Mr Karani Nyamu who she said she had introduced ( a close friend& Business associate of hers )
whom she told me she had assisted in securing major contracts through his companies Verve K.O, and Zinga
technologies( Which do ICT consulting and Major ICT project Implementation ).
13.THAT during this time I was interested in securing ICT jobs like the supply or service delivery at the IFMIS
directorate where she worked as a Director.

14.THAT we soon started off by her giving me small jobs like having my technician maintain her silver Mac book
Laptop which I gathered was quite dear to her .
15.THAT in the year 2013 it was campaign time and the issue of IFMIS and Minstry of Finance contracts was
overtaken by events but she told me that she was heavily involved with the now Ruling Party in their campaign to
ensure that they won the elections .she assured me that if the now Ruling party won the elactions she will be
appointed a cabinet Secretary and would then do business with me .
16.THAT Madam Waiguru was appointed cabinet secretary ministry of planning and devolution .
17.THAT from about June 2014 I started getting small jobs for the supply of General stationery.
18.THAT sometime in mid August 2014 the Cabinet Secretary invited me to her house in Runda and requested me to
bring along the following personal Documents
a) Copy of my national identification card
b) Passport size photos
c) Copy of my PIN Certificate.
To facilitate the incorporation of companies.
19.THAT when I arrived in her house her driver AINEA ushered me into the house and she found me already seated at
her lounge . I gave her the documents and she assured me that she would assist me in having the companies
registered without any delay
20.THAT during the period between August and September 2014
following

the Cabinet Secretary introduced me to the

-i) Her Peronal assistant , Betty Maina .

ii) Hassan Noor the Director of Planning Devolution Ministry.
iii) Adan Harake wjo was then poised for a senior position in the administrative and financial structure in the
National Youth Service.
iv) Mutahi Ngunyi a consultant at NYS .
she informed me that these people will be of assistance in processing of tenders and payments for the goods supplied
and services rendered.

21.THAT on the 7th October 2014 Betty Maina called me and requested for a meetimg at a restaurant near Uchumi
House Nairobi, I proceeded to the venue as agreed had a cup of tea and then she gave me about seven copies of
certificates of incorporation of the companies the CS had assisted to be registered.
22.THAT subsequently the Cabinet Secretary instructed me to open bank accounts for the companies at Family Bank
and specifically at Kenya Tea Development Authority Plaza Branch.
23.THAT with these companies duly registered I was no poised to honest business with the National Youth Service.
24.THAT in the month of November 2014 I received my first Local Purchase order ( LPO) for the delivery of
construction materials for the Kibera project by Hassan Noor .
25.THAT upon delivery of the materials ordered in the said LPO Mr Mutahi Ngunyi gave me details of an account to

which he had instructed that I deposit Ksh 1.5 Million.

26.THAT I held regular Sunday meetings with Mr Harake , Hassan Noor and other officials at NYS Head Quarters
where we shared and brainstormed on the deliveries and accomplished pending suppliers and payments and the
upcoming LPOS .
27.THAT the CS was fully aware of the transactions leading to the payment of KSH 791 Million . she knew that the
project was genuine business where materials were supplied and payments made thereto was for my business .
28.THAT as I have said above she was involved at all levels held several meetings with me and various highly
placed Government officials including the Director of Banking Fraud Department Mr Mugwanja in the
investigations when this matter arose under the disguised allegations of corruption.
29.THAT the CS clearly Understands and she has always understood that the payments made in the transaction was
not fraudulent and no offence under the Money Laundering Act has been committed.
30.THAT this matter has been blown out of proportion with false driven agenda to appease the public that it is a fight
against corruption .
31.THAT the court process has been variously abused orders obtained unjustly to achieve this
misplaced perception.

fraudulent and

32.THAT I continued and did genuine business with NYS which business continued without any hitch .
33.THAT at some point, Mr. Harakhe summoned the Director of Finance at his NYS office and introduced me as the
sole merchant assigned to deliver all the road materials. He further instructed me to contact the Finance Director

should there occur payment hiccups.

34.THAT after the Finance Director left, Mr.Harakhe informed me that, that was the officer he was requesting to
physically sign the documents after he had authorized in the systems. I never went to him once since I experienced
no hiccups at all.
35.THAT officially Harakhe was appointed AIE holder February 2015, though he had started acting as the AIE much
earlier.
36.THAT once Mr.Harakhe took over the following of payments, remittances were effected much faster than when
Betty did this previously because, while Betty followed through the phone, Mr. Harakhe did it physically.
37.THAT Mr. Harakhe talked of plans to issue new road contracts but pointed out that the CS WAIGURU and Mr.
Hassan Noor had issued out food and small equipment under restricted tendering and high prices alongside
authorizing expensive consultancies, a situation that had led to money running out. That is how Mr.Harakhe
requested for Kshs. 3.5 Billion from the Treasury to enable him issue additional LPOs for Kshs. 2 Billion for
construction materials. He stated he had already initiated the processing of around Kshs. 700Million.
38.THAT on 3rd May 2015, he also requested me to meet him at his office for our regular meetings and that I take
Kshs. 20Million in cash with me which he told me to hand over to a gentleman only introduced to me as
Mohammed.
39.THAT in prodding further about why a stranger was being given the Kshs 20Million, he told me that it was meant to
facilitate more business. Further, Mr. Harakhe also requested that I deposit Kshs. 40Million in an account number
he gave me. I Informed the CS WAIGURU Waiguru about the monies requested by Mr Harakhe and she told me that

she was aware and that I should make the deposit as he had requested.
40.THAT when I updated the CS WAIGURU on the goings on, she promised to summon him to her office. She later
informed me that Mr. Harakhe had denied making the commitments. Mr. Harakhe even made it look like he hadnt
hatched a mischievous plan by having the Head of ICT at NYS do a letter to DCI on the 26th of May. However, he
sent the DCI off when preliminary reports showed he had authorized the commitments.
41.THAT in dealing with Jua Kali workers and contractors, I was advised by CS WAIGURU Miss Waiguru to
withdraw money in cash and carry it in bags since the bulk of payees could neither take cheques nor RTGS. Since
the amounts of money involved was sometimes large, I had to call the bank and make prior arrangements for the
money to be availed in cash.
42. THAT Most of the time the CS WAIGURU would request that I give PART profits to a lady by name Loise
Mbarire CS Waigurus sister who was supposed to give back the money to me or the CS WAIGURU after servicing
her deliveries.
43.THAT Loise informed me that she worked in a law firm at Finance House along Loita Street. She would come in
different vehicles, park in the basement and wait for me to withdraw and take it down to her, one bag at time.
44.THAT after the newspaper expos on CBK questioning NYS payments, the CS WAIGURU summoned me very
early in the morning at her Runda House where I met Mr. Mutahi Ngunyi, Mr. Adan Harakhe, Mr. Hassan Noor and
a gentleman by the name Mr. Joseph Mugwanja. They were all mad at Mr.Harakhe for processing orders behind
their backs leading to the ensuing mess.
45.THAT Joseph Mugwanja is the current head of Banking Fraud Investigations Department .

46.THAT during the meeting, Miss Waiguru introduced Mr.Mugwanja as a close friend and a person she had worked
with particularly during the exercise commissioned by her Ministry sometimes back to track payroll payments for
ghost workers.
47.THAT The ghost workers project which brought descent returns, and which the CS WAIGURU said had achieved
the desired results of creating public perception that the issue of Ghost workers in Government had been eliminated
thanks to Mr.Mugwanjas input and as a result of which the CS WAIGURU expressed her desire to assist
Mr.Mugwanja to become the Director of CID in future as show of gratitude.
48.THAT Mr. Mutahi Ngunyi advised Madam Waiguru to do an official statement to cool down public anger. He also
advised her to do a backdated letter on the purportedly stolen password similar to one that had been written earlier
by an officer in the ICT Department, this time round inviting the CID to intervene, this Back dated letter was dated
5th June 2015, 11 days after the Head of ICT at NYS had done his to the DCI (Copies of both letters is attached ) ,
ostensibly to pave the way for Mr.Mugwanja to officially take charge of investigations and the CS WAIGURU to
become the whistle blower.
49.THAT all those in attendance agreed that, since the investigations into the unfolding matter would be conducted by
CS Waiguru and Anti Corruption and Ethics Commission, it would be necessary to divert the attention of the
investigating officers. To do so, it was agreed that focus would be pegged to works worth about Kshs. 695 Million
which had allegedly tried to be siphoned by Harakhe in order to avert many questions.
50.THAT CS Waiguru pointed out that since Kenyans would question the usage of the years budget, it was preferable
to only condemn a specific transaction then deal with the consequences later.

51.THAT It was also agreed that to disguise the truth, NYS staff would be charged in a phony set up for purposes of
driving favourable public perception.
52. THAT Mr. Mugwanja further instructed Mr. Harakhe to go to Banking Fraud Investigations Department (BFID) to
record a statement pointing out a plot by other individuals in order to take the blame away from the CS WAIGURU,
the Ministry and rope in The Treasury.
53.THAT Mr.Harakhe inquired about the cybercrime report on the stolen password. His concern was that by then it had
been discovered that he, indeed, had authorized the financial commitments. Mr.Mugwanja assured him that he
would deal with it.
54.THAT at the same time, Mr.Harakhe also warned me not to speak to any one on the matter and also wait for Mr.
Mugwanja to summon me at BFID to do a statement.
55.THAT regarding my appearance at BFID, Mr.Mugwanja requested that I should not go with a lawyer.
56.THAT I was subsequently summoned to BFID on 2nd July 2015 and I was asked to carry with me documentation that
would show that I actually did deliver the construction materials.
57.THAT I consequently carried my copies of my duplicate delivery note copies in two cartons and I also informed the
BFID officers that the NYS Procurement Department had the original and the duplicates with them.The delivery
note duplicate copies & originals bore signatures of NYS procurement officials stationed at slums and signatures of
the truck drivers who delivered the materials.These documents, I informed the investigators, were used to process
the payments.

58.THAT I wrote a statement before four BFID officers under Mr.Mugwanja where I gave details of the supply of
materials. I also physically took them to the quarries to show the source of materials and had the officers meet the
agents whom I had delivered the payments to. Besides, I took them to Kibera and Mukuru roads that were being
constructed using the materials. I also informed them that other agents were paid through Loise Mbarire. I however
observed that Mr.Mugwanja was not happy about this details.
59.THAT Mr. Mugwanja ordered that I go back with the deliveries and come back with them after arranging them in
order and also write a statement on the 791m worth of payments I had received.
60.THAT on July 9th 2015, Mr.Mugwanja and Mr. Matapei Sautet came to my office. I was with two members of my
staff. I thought they had come to pick the arranged deliveries. As I was preparing to hand over the deliveries,
Mr.Mugwanja gave me his phone to speak to someone.
61. THAT the person on the phone was the CS WAIGURU who instructed that I hand over to Mr.Mugwanja ksh
80,000,000/= I had earlier disclosed to the CS WAIGURU I had kept in the two office safes with bags.
62. THAT CS Waiguru She said they would keep it safely away from even NIS who had been looped into the case.
63.THAT on 20th July 2015, I was asked by Mr Mugwanja to go to BFID there was an urgent matter that we needed
discuss and act on it fast.
64.THAT upon arrival, Mr. Mugwanja ushered me to his office and told me that they had come up with a plan that
would ultimately clear my name and shift the blame to third parties.
65.THAT It is at this point he made a call and asked me to speak to a person on the other side that happened to be CS

WAIGURU, Miss Waiguru. She explained to me that they had found the perfect decoy and that Mr. Mugwanja had
prepared a charge sheet for us, the decoy and myself, to be taken to court and start the cleansing ritual.
66.THAT as late as 5pm of the same day, this had not happened. At 8:00pm I asked Mr.Mugwanja what would happen
at which point and he told me that, I would be booked at Kileleshwa Police station then go to court the following
day.
67.That I protested telling him I was not ready to spend the night in police custody. He however advised me that, that
would not happen and that I would just be taken there, booked in the Cell Register then be taken home where I
would spend the night and only return the following morning to Kileleshwa early in the morning to give the
impression that the arrest was real.
68.TAT This was done following which I was booked at Kileleshwa Police Station and taken home later by Mr.Matapei
Sautet and was picked in the morning of 21st July 2015 the following day by Mr.Sautet and taken to Kileleshwa
Police Station where I was subsequently pick by an official BFID Landcruiser vehicle and taken to BFID
Headquarters.
69.THAT at BFID, I was processed and told that the Pawn was also being processed.
70.THAT the pawn and I were taken to court at around 9-10am where we stayed up to 2.00 pm only to be taken back to
BFID without being charged in court as Mr Mugwanja had said would happen.(A copy of the charge sheet is
annexed hereto and marked A).
71.THAT at this point I got very worried and asked to talk to Mr.Mugwanja whom I was told had left for a meeting.

72.THAT Mr.Mugwanja came back at 9pm and told me something had gone terribly wrong and they were trying to fix
it.He did not say what was wrong and why the plan did not proceed as agreed.
73.THAT subsequently, he told me that I would be released on a Free Police Bond to give the impression of the way
Police were working. The phony moves of going for suspects were in the meantime maintained. I was released on a
Free Police Bond (A copy of the police bond is annexed hereto and marked B).
74.THAT on Friday 14th August 2015, Mr.Matapei Sautet came to my office and showed me some court orders he had
obtained to allow him pick withdrawal slips from Family Bank and also a table he had prepared to use in court. He
was accompanied by a gentleman called Mr. Erastus Nyamai, whom he introduced as a former police officer but that
time working with Family Banks security Department and who was the one who had assisted him make the table
which would be used together with the tellers day job (from which Nyamai had) to exonerate me.
75.THAT Mr.Matapei Sautet had with him bundles of original banking slips. Mr.Matapei Sautet said some were not
signed and Mr.Mugwanja had requested that I sign them.
76.THAT I wondered why they had originals but I remembered sometimes tellers would give me debit slips when
systems were offline to access my money and agreed to sign. I signed a number of slips assuming they were all from
my company but after signing other two slips both dated 20th January 2015 of 10 M each, I realized that the two
alongside others were deposit slips that belonged to Mr. John Kago Ndungu. I therefore stopped signing and on
inquiring, Mr. Nyamai snatched them from me.
77.THAT Mr.Sautet, at this juncture accused me of refusing to help the CS WAIGURU. I also informed Mr. Kago about
the same. At the point of parting ways, Mr.Sautet forgot the table he was showing me on how he intended to

fabricate details with the express intention of implicating third parties. By the time he came for the table, I had
already made a copy. ( A copy of the table is annexed hereto and marked C).
78.THAT later the CS WAIGURU curiously announced the report from the CID which contained names of people to be
indicted and charged.
79.THAT on 26th August 2015, the CS WAIGURU asked me to meet her that evening at her Runda house and she asked
me to carry Kshs 10Million in cash with me.
80.THAT while in her house, she informed me that, my name would be included on the charge sheet with my three
companies but since there was delivery of works and genuine documentation with processes done, the CS
WAIGURU assured me that only funny charges would be preferred against me. The charge, as promised, would be
abuse of office and breach of public trust.
81.THAT according to the CS WAIGURU, this would technically water down charges and also make it easy for her to
assist me later when there was little limelight on the case.
82.THAT the CS WAIGURU also informed me that, she had pushed for charging of many people including the PS and
DG so that she would not be implicated anywhere. According to the CS WAIGURU, the idea was to paint the image
of a vicious and uncontrollable cartel of crooked people working with senior officers which then was beyond the
control of the CS WAIGURU.
83.THAT at the Runda meeting, other gentlemen joined in. They included Mr. Mwaniki Munuhe, and Mr. Maina
Kamore whom she introduced as her media gurus and who have good connections in media. She informed me that
she had been working with these media personalities since she joined the Government. She also instructed me to

give Mr. Mwaniki Munuhe the sum of Kshs. 10Million for purposes of propaganda and to assist clean my name.
84.THAT on September 11th2015, the CS WAIGURU publicly released the DCI report on the NYS financial Scandal
which had implicated 21 Government employees in the scandal.
85.THAT the next day after the DCIs report was released ,Mr.Harakhe summoned me to his office, saying that he had
been named as suspect number five on the CS WAIGURUs list and threatened to spill the beans. I informed the CS
WAIGURU.
86.THAT on the day of taking plea, 18th November 2015, the CS WAIGURU called me and enquired if I had money to
which I said I did not have. She advised I dont go the first day. I appeared on Tuesday 24th November 2015 where
Mr.Mugwanja Personally provided the bail money.
87.THAT after taking plea that evening Mr.Matapei Sautet and Mr.Mugwanja came to my house to know if I was okay
and informed me that the EACC was going to carry out raids at a later date on all the suspects houses.
88.THAT although Mr.Mugwanja guaranteed that there would not be a raid in my house, he requested if I had anything
incriminating and that I should take care of it. It is at this point that Mugwanja requested for the secure phone
since if found it could trace back to CS WAIGURU.
89.THAT in my belief that the manner investigations have been conducted, it is my view that, certain individuals are
being shielded from blame while others are being victimized. For instance, one Mr John Kago Ndungu who has
never been awarded any contract/tender in the NYS projects under investigations has been labeled the sole conduit
for funds in the purported NYS saga.

90.THAT I am personally known to Mr John Kago Ndungu as a fellow customer at family bank. I had personally
loaned him 60m in the course of our business relationship, money which he later paid back with interest.
91.THAT I never informed nor involved him in any of my contracts at the NYS either those under investigations by the
several investigative agencies nor any other.
92.THAT Apart from the 60m personal loan to Mr John Kago Ndungu I have never given other monies to Mr Kago
either physically ,deposited or transferred into any of his known or unknown accounts nor used 3rd parties to do the
same.
93.THAT It is only my Companies, Reinforced Concrete, Foam Home Builders, Roof and all Trading that were ever
paid for supply and delivery of the road construction materials amounting to 791m.
94.THAT 791m was paid to my companies after delivering Road Construction Materials using valid NYS LPOs and
payments made properly .
95.THAT Prior to the supply of the Road Construction materials in November 2014 the CS WAIGURU had assisted me
secure other contracts with about 30 LPOs for my other companies at the NYS with a value in excess of 400M.
96.THAT That I have never before appearing in court met nor called the following; former DG Nelson Githinji, Former
PS Eng. Peter Mangiti,Ben Gethi, Hendrick Nyongesa Pilisi, Naftaly Githinji, Ruth Njeri Hihu, Charles Onsase
Nyaachi, Mary Wangui Mbuthia, Ezekiel Karanja Kamau, James Gitau Kanuthu, Samuel Kilonzi, Fredrick Okello
Nasiche, Regina Nyambura Mungai, Philip Joshua Otinga, Jane Wangeci Gichuki, David Dicks Alunga, Titus
Libondo, Chemos Kororia Ndiema, Joel Kanyi Karenju,Francis Kariuki, Jennifer Manyara Mugure, Roda Kavu
Makau, Alloys Kemo and Hendrick Nyongesa.

97.THAT in my view, the inclusion of Business people Mr John Kago Ndungu, Peter Omari Otuoma ( a Business
Associate ), Caroline Njambi ( Mr Omaris business partner ),Mr. Ben Gethi ( Oil Supplier at NYS ) in these
investigations and the ensuing criminal charges is a ploy to divert public attention from the real culprits and malign
their names as a merchants supplying to the Government and doing genuine business for several Government
agencies.
98.THAT The BFID has only questioned me about 695m attempted fraud at NYS which I have written a statement on
and that they have never taken my statement on the 791m of which I have been charged in court.
99.THAT I have never been interrogated by the EACC in connection with the 791m worth of NYS contracts.
100.

THAT i have never deposited or made bank transfers to any of the named Respondents bank accounts .

101.
THAT I swear this affidavit to set the record straight and bring forth aspects of the case which have never
been covered by investigating agencies and which are crucial to the case.
102.
THAT what is stated hereinabove is true to the best of my knowledge, information and belief safe for
information whose source I have disclosed.

SWORN at NAIROBI by the said

***********************
_____________________
This

day of

2016

BEFORE ME:COMMISSIONER FOR OATHS

DRAWN AND FILED BY

***********

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS
CIVIL DIVISION
MISCELLANEOUS APPLICATION NO. 601 OF 2015
IN THE MATTER OF:

AN APPLICATION BY THE ASSETS RECOVERY AGENCY FOR ORDERS UNDER SECTIONS 81, 82 AND 87
OF THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT READ WITH ORDER 51 OF THE
CIVIL PROCEDURE RULES TO PROHIBIT THE TRANSFER AND OR DISPOSAL OFF OR OTHER DEALINGS
(HOWESOEVER DESCRIBED) WITH THE PROPERTY KNOWN AS MAISONETTE HOUSE AT KASARANI LR
NO 20857/190, PLOT NUMBER L.R NO RUIRU JUJA EAST BLOCK 2/360, MOTOR VEHICLE TOYOTA
PRADO REGISTRATION NUMBER KCD 536P, REGISTRATION NUMBER KCE 874R STATION WAGON
TOYOTA PRADO.

BETWEEN
THE ASSETS RECOVERY AGENCYAPPLICANT
AND

SAMWEL WACHENJE alias SAM MWADIME 1ST RESPONDENT

SUSAN MKIWA MNDANYI...2ND RESPONDENT
VANDAMME JOHN.3RD RESPONDENT
ANTHONY KIHARA GETHI 4TH RESPONDENT
CHARITY WANGUI GETHI ......5TH RESPONDENT
NDUNGU JOHN ...6TH RESPONDENT
GACHOKA PAUL 7TH RESPONDENT
JAMES KISINGO ..8TH RESPONDENT
JANE KABURA INTENDED INTERESTED PARTY

I *************** an advocate of this honourable court do hereby certify that the annexed application is of extreme urgency deserving to
be placed before the Duty Judge for the following reasons :
1. THAT the Applicant herein has learnt of the proceedings filed herein.
2. THAT the proceedings touch significantly on her business and her person.
3. THAT it is necessary that the Intended interested party be allowed to participate in these proceedings to assist the court in
making a just and informed decision in the matters in contention.
4. THAT the Applicant herein stands to suffer great prejudice of the prayers sought herein are not granted.

DATED at NAIROBI this

day of

2016.

____________________________________
XXXXXX
ADVOCATES FOR THE INTENDED INTERESTED PARTY
DRAWN AND FILED BY
*************