Azimio spokesperson Makau Mutua has weighed in on the Asset Recovery Agency's change of heart to have the Sh200 million forfeited to the state given back to Deputy President Rigathi Gachagua.

Makau on his official Twitter account said the move shows that the DP who is affiliated with the UDA party is above the law,  citing that other officials from the party also had their cases dropped.

He said he was confident the money was proceeds of crime and termed the act as impunity.

"The Asset Recovery Agency has asked the Court of Appeal to vacate a High Court decision which seized Sh200 million from Rigathi as proceeds of crime," Makau tweeted.

"UDA officials are now officially above the law. Virtually all their cases have been dropped or reversed. Shameless impunity."

The Asset Recovery Agency obtained new evidence to prove that DP Gachagua's Sh200 million forfeited to the state belongs to him.

ARA says the money is not proceeds of crime and wants the same released to the owner.

Justice Esther Maina had on July 28, 2022, ruled that the money was proceeds of crime.

The Agency has now taken an about-turn and asked the Court of Appeal to allow an application by the DP that seeks to reverse Justice Maina's decision.

The Agency claims the evidence they currently have 'satisfactorily explains the source and legitimacy of the funds in issue and it is satisfied that the same is not proceeds of crime as was initially perceived.'