The month of January is always hard to many, with Kenyans rebranding it as Njaanuary, from the swahili word Njaa, which means hunger. What do you think can happen if you are in the middle of Njaanuary, with an order from Court to have some of your assets frozen? This is the situation the Ngiritas are currently facing. Three members of Ngirita family, who are facing charges in connection to the loss of Sh468 million at the National Youth Service (NYS), want an order freezing some of their assets lifted.
In an application to be determined on Thursday, Phylis Njeri Ngirita, Jeremiah Gichini and their mother Lucy Wambui Ngirita want the court to set aside an order issued in October 4, last year freezing some parcels of land and three vehicles.
While issuing the order last year, Justice Hedwig Ong’udi directed the family to surrender the original logbooks of the three vehicles.
The Director-General of National Transport and Safety Authority was told to place a caveat on the motor vehicles, while the Registrar of titles was to place a caveat on the parcels of land.
But in the latest application, the family argues that the agency failed to bring it to the attention of the court that another matter touching on the three vehicles, was pending before another judge.
In an affidavit, Ms Njeri said the three vehicles are also being held at Naivasha Police Station since April 2018 but this fact was not brought to the attention of the judge.
She said that the police might use the order to harass the family.
The Assets Recovery Agency obtained an order preserving the motor vehicle; two Toyota station wagons and a pickup registered in the names of Opportunity International Wedco Limited and Platinum Credit. The agency believes the properties were acquired through proceeds of crime.
Other frozen properties are parcels of land in Waitaluk in Kitale, another in Naivasha town and a third one in Nakuru East.