A former County Executive Member of the Machakos County government has been ordered to deposit Ksh80,251,815 into an interest-earning account after a court issued a stay of execution on the seizure of unexplained assets totalling Ksh91,202,892, pending an appeal in the case.
While delivering the ruling on February 28, Justice Musyoka of the Anti-Corruption Court ordered that the account, to be jointly operated with the Ethics and Anti-Corruption Commission (EACC), should be opened within ninety days.
He further warned that failure to do so would result in the automatic lapse of the stay order, allowing the Commission to proceed with the execution of the judgment.
The former CEC had appealed orders obtained by the EACC in October 2024 that authorised the seizure of a portion of his assets in a case investigating his unexplained wealth of Ksh540 million.
The ruling came after the Machakos High Court determined that the assets had been acquired through corruption when the official served in the County Government between January 2014 and July 2021.
The said assets included a residential building on L.R No. Kibauni/Kamuthwa/168, valued at Ksh80,251,815, and Ksh10,951,077 in cash, transacted through two local bank accounts.
Another recovery suit targeting the same official, valued at over Ksh450 million, is ongoing before the High Court.
He first came under the EACC’s radar when he failed to explain the source of his massive wealth and the disproportion between his listed assets and his known legitimate income.
The commission swiftly launched investigations into the matter and ultimately uncovered that he had used his position in the county government to siphon money through irregular tenders.
It was established that between January 2014 and July 2021, he benefitted from fraudulent tenders awarded to companies owned by his wife, his brother, and other close associates, amounting to Ksh457,047,214.
The EACC also determined that he was the beneficial owner of the funds paid by the Machakos County Government to these companies, as he operated the bank accounts as the sole signatory. Additionally, the companies owed the Kenya Revenue Authority Ksh181,722,145 in unpaid taxes.
In November 2023, he and his co-accused were arrested and arraigned before the Anti-Corruption Court, where they denied charges of conflict of interest, unlawful acquisition of public property, wilful failure to comply with procurement laws, fraudulent procurement practices, and uttering false documents.
