A former Nairobi County Finance Officer has been ordered to surrender Ksh114 million cash in the bank, a maisonette, four apartment blocks worth millions and two pieces of land.
The Court of Appeal judges, Ali Aroni, John Mutivo, and Laibuta Kibaya, on Friday, February 9, ordered the former employee and his wife to forfeit the property listed as unexplained assets.
"We further order and direct the payment by the appellants of the current market value of the assets listed or forfeiture in place of payment to the Government of Kenya of the current value of the said assets forthwith," read part of the ruling.
However, the court set aside a court order directing the former county official to pay the State Ksh282.6 million.
He was accused by the Ethics and Anti-Corruption Commission (EACC) of receiving more cash than his known income through his bank accounts. He was accused alongside his wife and two others. The money and assets may have been stolen prompting the investigations.
EACC had sought to investigate the source of assets including land, vehicles, houses and money in several bank accounts. During the investigation, EACC discovered that the accused were receiving and transacting huge amounts through banks.
According to EACC, the assets were of higher monetary value compared to the former county employee and his wife's known legitimate source of income.
However, the couple explained that they had revealed their source of income when questioned by the commission. Additionally, they argued that EACC was relying on various erroneous bank statements.
"The appellants claimed that the cash inflow ought to constitute funds deposited into an account by third parties, and not personal interbank or inter-account transfers, fixed deposits which on maturity is released into an account, or loans," read part of the court documents.
The former county official further emphasised that he had been involved in large-scale farming in wheat and livestock since 2006, had two hotels in Mombasa and Machakos, was involved in water and quarry business in Machakos, and received rental income from properties jointly owned with his wife.
His wife, on the other hand, explained that she received Ksh250,000 from one apartment, a monthly income from her interior design company of Ksh1 million, and Ksh200,000 from her beauty parlour.
The man also worked in other county governments besides Nairobi.
