The Ethics and Anti-corruption Commission (EACC) moved to the Court of Appeal, seeking to overturn the High Court ruling that allowed Nairobi county government officer Wilson Kanani to access Sh642.2 million worth of assets.
The ruling by Justice Nixon Sifuna gave Kanani the greenlight to keep the assets, which the anti-graft body had declared unexplained wealth.
In its submissions, EACC informed the High Court its investigations unearthed massive wealth to the tune of more than Sh1 billion linked to Kanani through bank accounts and companies under his name, spouse and associates.
EACC said Kanani only satisfactorily explained Sh400 million failing to account for more than Sh600 million, which the anti-graft body holds are proceeds of corruption and liable to forfeiture to the State.
In its notice of appeal, EACC expressed dissatisfaction with the High Court Judgement, praying to the Appellate Court to set them aside.
“The commission argues the ruling by the High Court has the potential to reverse the jurisprudential gains that Kenya has so far made in the recovery of public funds and assets stolen by corrupt public officials,” EACC spokesperson Eric Ngumbi said.
“The ruling by the High Court sets a bad precedent making it easier for corrupt public officials to use their offices as a medium for accumulation of wealth, at the expense of the public.”
EACC went to Court after Kanani, a junior City Hall employee and Director of 1824, a popular bar and night club along Langata Road, Nairobi, failed to explain the source of his multi-million wealth.
The unexplained assets include landed properties, high-end vehicles and Sh48 million held in various bank accounts.
Investigations established that Kanani, a Development Control Officer II at City Hall earning a net salary of Sh55,866, had in 5 years transacted Sh643.2 million and accumulated assets whose value was way beyond his known legitimate sources of income.
The corrupt dealings were transacted through bank accounts in his name, companies, spouse and minor children.
Meanwhile, ex-EACC Deputy Chairperson Sophia Lepuchirit is dead.
Lepuchirit died on Friday evening while undergoing treatment at the Kenyatta National Hospital.
The ex-vice chair deputised immediate former Chairperson Archbishop Eliud Wabukala.
EACC CEO Twalib Mubarak in a message to Commissioners and staff mourned Lepuchirit as he condoled the family for the loss.
“It is with profound sorrow that I inform you of the passing of our former Vice Chairperson, Commissioner Sophia Lepuchirit, EBS this evening while undergoing treatment at the Kenyatta National Hospital.
Let us put the family in our prayers during this time of sorrow.”
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