The Ngirita family is opposed to a move by the Assets Recovery Authority (ARA) seeking to have some of their properties forfeited to the State.
In a response to ARA’s request, Phyllis Njeri Ngirita and two others want the application dismissed insisting it attempts to take away their right to presumption of innocence until proven guilty.
The Ngirita’s who are entangled in the NYS criminal trial over loss of millions of shillings of public money insist the move is malicious.
ARA is eyeing five properties and three motor vehicles which it believes are proceeds of fraud the accused persons are said to have orchestrated at the National Youth Service.
The properties include a parcel of land in Waitaluk in Kitale, Naivasha Town and Nakuru’s Ngata area.
According to ARA, the land was allegedly purchased during the period which the scam happened.
But the Ngirita’s on their part argue that ARA has not shown in any way the nexus between the properties and the charges they are facing in court.
“The application is maliciously instituted with the aim of defeating our rights over properties purchased through hard-earned money,” the Ngirita’s state.
They argue that should the application be allowed, will deprive parties not before court their property because some of the properties were financed by third parties through legitimate business enterprise.
When the matter came up for mention before judge Daniel Ogembo Monday, ARA was directed to respond to the objection by the Ngirita’s to facilitate an inter-partes hearing on June 3.