Deputy President Rigathi Gachagua says he is yet to receive the Sh202 million the court ordered returned to him.
The money had been seized by the court in 2022 through a forfeiture order on grounds that the funds were proceeds of crime.
But after months of legal battles, Court of Appeal judges Daniel Musinga, Imaana Laibuta and Ngenye Macharia on Wednesday agreed to adopt a resolution by Gachagua and the Assets Recovery Agency to have the funds channelled back to him.
Kilukumi said the decision was reached after new evidence emerged proving the funds were not proceeds of corruption.
"We are seeking the court to approve the settlement between the two parties," the judge said.
But speaking in Mombasa on Thursday at the close of a four-day post-election seminar for senators, the DP said the money is yet to hit his account.
"Governor you have said that whatever little money we have we spend here if you are targeting that 202 million I have not to be given because the court order has not yet come," Gachagua said in his final remarks targeted at Mombasa Governor Abduswamad Nassir.
The court on July 28, 2022, ordered Gachagua to forfeit Sh200 million to the State.
The funds in Gachagua’s three accounts at a microfinance bank were holding Sh165 million, Sh35 million and Sh773,228, totalling Sh200 million.
A fourth bank account in the name of Jenne Enterprises held Sh1,138,142.
Following Wednesday's court decision to vacate the forfeiture order, the monies will be released once lawyers extract the order of the appellate court.