The High Court allowed the Ethics and Anti-Corruption Commission (EACC) to continue detaining 4,600 pieces US dollars 100 denominations (S62 million) seized from the residence of former treasury Cabinet Secretary Ukur Yatani’s nephew on April 24, 2024.
The freezing order which were issued by anti corruption judge Justice Esther Maina will remain in force for a period of six months.
The money was seized from Yattani’s nephew Ibrae Doko Yatani.
The EACC moved to court seeking orders to retain the cash in the state they are in pending the conclusion of investigations.
EACC says in the petition filed in Nairobi that it is apprehensive that the respondents may demand unconditional release, surrender, access or possession of the cash and alienate the property to the detriment of the public.
“EACC is reasonably apprehensive that, unless court issues orders allowing them to continue to detain the cash, the respondent shall dispose of or transfer all or part of the property in order to frustrate any subsequent proceedings that may ensure after the investigation,” read the court documents.
EACC argued Doko Yatani irregularly received over Sh71 million from the county government of Marsabit through his company Al Habib Enterprises in the financial years 2013-2024.
The agency allege that they retrieved several items including 4,600 pieces of USD 100 denominations (Sh62 million) from Doko Yatani’s house on April 24.
They say there is “reasonable suspicion that such huge amounts of cash in foreign currency kept in a house are proceeds of corruption or unexplained wealth or that Doko is engaged in money laundering.”
“It is therefore necessary that EACC investigates the source of money.”
Catherine Ngari an investigator with EACC allege that Doko, his counsel and EACC officers delivered the cash to Central bank of Kenya on April 24.
The EACC is currently undertaking investigations into allegations of embezzlement of public funds, procurement and irregular award of tenders by the county government of Marsabit in the financial years 2013-2024.
Yatani and Marsabit governor Mohamud Ali on April 25, spent six hours at the EACC offices in Nairobi and isiolo respectively over Sh8.2 billion that cannot be accounted for.
Yatani’s lawyer and Siaya governor james Orengo denied that the former CS who also served as Marsabit governor from 2013 to 2017, had been arrested, saying that he was summoned to assist in investigations.
Further, he said, Yatani was subjected to “unnecessary drama and humiliation by EACC.
“The former governor and cabinet secretary is not under arrest. He has not been confronted with any charges. He has not been asked questions in relation to any charges against him or anybody in particular. The siaya county boss said.
He added that investigations are on Marsabit, dating as early as 2013 when Yatani was elected governor.
Also taken in for questioning were Marsabit County procurement officer Zaituni Ali Nuro, Imperial Link Enterprises Ltd director Alex Ali Kunni, Habib Enterprises director Ibrae Doko Yatani, Marsabit Finance executive Malicha Boru Wario, Principal Administrator at the Govenror’s Office Godana Halaqe Sora, Buga Ventures Ltd director Huku Wako Bidhu and Umuro Gufu Sharamo, the director of Marsabit Investment Ltd.
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