A woman accused of defrauding hundreds of youth of millions of shillings through non-existent jobs in Qatar has accused a State agency of being used by her rivals to undermine her business.

In response to a petition filed by the Assets Recovery Agency (ARA), Ms Judy Jepchirchir of First Choice Recruitment and Consultancy Ltd said the application for forfeiture of her property is intended to aid her competitors and detractors by slowing down her operations.

The case stems from a wider controversy linked to job recruitment programmes that promised opportunities abroad, particularly in the lead-up to the 2022 Fifa World Cup, but did not deliver.

Youths protesting over alleged Qatar World Cup jobs outside the Uasin Gishu County Commissioner’s officers in Eldoret town — Some of the youths protesting over alleged Qatar World Cup jobs outside the Uasin Gishu County Commissioner’s officers in Eldoret town on September 14, 2022. The complainants claimed each paid an Eldoret recruitment agency a lump sum of between Sh40,000 to Sh200,000 for the jobs.

Photo credit: Stanley Kimuge | Nation Media Group

The matter was investigated by the Senate after an outcry from youth who said they paid fees but failed to secure placements.

The State agency has since obtained court orders freezing two high-end motor vehicles, an apartment in Athi River and a four-storey building in Eldoret, all linked to the businesswoman.

The orders will remain in force pending determination of a petition seeking forfeiture of the assets to the government. The case will be heard on May 24.

In its petition, ARA claims that the assets are proceeds of crime derived from money obtained from young Kenyans who had been promised jobs in Qatar, particularly around the World Cup period, when demand for labour in the Gulf nation surged.

Politically motivated

However, the businesswoman argues that the application is rooted in politically motivated disputes, pointing to proceedings before the Uasin Gishu County Assembly and the Senate, where the matter has previously been raised following complaints from affected residents.

She maintains that her firm is a reputable organisation duly licensed by the National Employment Authority to carry out recruitment for both local and overseas clients.

She adds that any money earned by the company is legitimate income from its operations and not proceeds of crime. According to her, the payments made by clients were for services rendered and cannot be construed as criminal gains under the law.

“That it is inconceivable that a claim of obtaining money by false pretense can be made against us whereas we are duly authorised by the government to offer recruitment services which formed the basis for receiving money for our clients or customers,” she says in an affidavit.

She adds that if any client was dissatisfied, the proper recourse would be civil litigation.

“The fact that a dispute may have arisen in our contractual relationship does not lead to a conclusion that we obtained money paid to us by false pretence,” she says.

Director of First Choice Recruitment and Consultancy Judy Jepchirchir before the Senate Committee on Labour and Social Welfare at the National Assembly on April 27, 2023, on the petition concerning alleged fraud by her company.

Photo credit: dennis Onsongo | Nation Media Group

On the World Cup in Qatar, she says logistical challenges arose due to changes in scheduling and demand fluctuations, which affected the ability of some employers to absorb all selected candidates. Those who did not make it were allegedly given the option of a refund, less administrative charges, she says.

The State agency, however, maintains that investigations show the businesswoman acquired the properties illicitly through her company by falsely claiming it could secure placements for students and job seekers in foreign countries, including Qatar.

Public interest

ARA further argues that the forfeiture case is a matter of public interest, going beyond private contractual disputes.

“That the respondent incorporated First Choice Recruitment and Consultancy Agency as a special purpose vehicle to fraudulently obtain money from the public under the guise that it had employment opportunities in foreign countries including Qatar for the World Cup, which was held in the year 2022,” the agency says.

According to ARA, funds collected from Kenyans, purportedly for administrative costs, medical tests, travel insurance and other processing fees, were diverted and laundered through multiple transactions.

Investigators say these funds have been traced to the purchase of the frozen properties, forming the basis of the ongoing recovery proceedings.

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