The defense team of Nancy Kigunzu alias Mathe Wa Ngara now want to know where the Sh 13 Million recovered during the raid is being held.
Led by Lawyer Danstan Omari, the lawyers asked court whether the money was being held by Central Bank of Kenya or the Asset Recovery Agency.
On Friday, Asset Recovery made an application to court seeking for the money to be deposited in their accounts and not that of CBK.
“We want to know whether that money is in central bank…because that money will be exhibit if she will be charged, Who has the custody of that exhibit,” Omari asked.
Omari told court that the money is part of exhibit and during hearing it will be brought to court.
Omari further told Senior Principal Magistrate Njeri Thuku that the integrity of the proceedings in the matter are critical thus Asset Recovery should not be party to the matter or even the money.
“The moment that money is taken by Asset recovery then the exhibit is not there, if then they are allowed to take these funds anytime we require this money should we always look for Assets recovery to give us the exhibits?,” Omari said.
He also wanted to know whether the court was in control of the money since it’s the trial court.
He also said that they will be moving to the high court to vacate orders that gave Asset Recovery access to the money.
“We shall move to court to vacate those orders because Mathe WA Ngara wants to know where here money is,Mathe Wa Ngara says that this is an abuse of court,” Omari said.
However, in response the prosecution said they got orders to deposit the money at CBK and to them the funds were deposited at CBK.
The court was also told that the prosecution has documents to confirm chain of custody which will be deposited in court in due course.
It was also their further argument that the said money is liable for forfeiture but also agreed with Omari that it was part of their exhibits.
