EACC Goes After Lands Employee With Ksh1.2 Billion

  • Ethics and Anti-Corruption Comission (EACC) Offices at Integrity centre Building in Nairobi. ‎Monday, ‎18 ‎November ‎2019.
    Ethics and Anti-Corruption Commission (EACC) Offices at Integrity Centre in Nairobi. ‎Monday, ‎18 ‎November ‎2019.
    Simon Kiragu
  • The Ethics and Anti-Corruption Commission (EACC) has moved to court seeking orders to freeze property valued at Ksh1.2 billion belonging to a Ministry of Lands employee.

    In a statement dated, Friday, June 17, EACC stated that the amount of property the lands official had acquired over the years did not match his salary and other sources of income.

    EACC stated that they will move to recover vehicles, cash money, and other property owned by the Lands official.

    Ethics and Anti-Corruption Commission CEO Twalib Mbarak.
    Ethics and Anti-Corruption Commission CEO Twalib Mbarak.

    "EACC has moved to court to compel the employee of the Ministry of Lands to forfeit to the state unexplained Ksh1,206,851,274 wealth comprising properties, vehicles, and cash that is not commensurate to his known and legitimate income sources.

    "He is believed to have accumulated the unexplained Ksh1,206,851,274 between January 2003 and November 2018 (period of interest) against his known legitimate source of income namely Salary and allowances amounting to Kshs6,367,644 for the entire period," read the EACC statement in part.

    The anti-corruption body stated that it would give more details on the matter at a later date as the case is still active in court.

    In 2017, the Lands official was drawn into a legal battle with other associates after he was accused of fraudulently transferring shares of a property based in Nairobi.

    The official had moved to the Court of Appeal seeking to overturn a judgment that had been issued by Justice Grace Nzioka.

    "Since the said original allottees were entitled each to 1/3 share, the respondent entered into an agreement with the appellant on December 16, 2011, on the mistaken belief that the appellant was entitled to 2/3 shares instead of 1/3. 

    "The respondent also accused the appellant’s director in particular the employee of the Ministry of Lands Nairobi of fraudulent transfer of 1/3 shares instead of 2/3 initially owned by the original allottees. As demonstrated here below these are the allegations that became the Achilles heel as far as the appellant’s application for summary judgment went," read the court documents in part.

    Consequently, a three-judge bench led by Chief Justice Martha Karambu Koome (then a Court of Appeal Judge), Justice Alnashir Visram, and Wanjiru Karanja dismissed the petition stating that it lacked merit.

    "Like the learned trial Judge, we are of the view that the best forum for all the parties is a trial which would afford all parties an equal forum and for the court to make a determination of all issues raised including what appears to be an admission of one-third share.

    "Accordingly, having found as we have there are triable issues, it goes without saying, this appeal lacks merit and we do order it dismissed with costs to abide the outcome of the suit."

    Chief Justice Martha Koome reading her ruling on the BBI Appeal at the Supreme Court on March 31, 2022.
    Chief Justice Martha Koome reading her ruling on the BBI Appeal at the Supreme Court on March 31, 2022.