EACC is set to challenge High Court decision that allowed a former Nairobi County employee to keep Ksh 643.2 million in unexplained wealth.
The court decision lifted orders freezing the assets and bank accounts of the accused until when the case is heard and determined.
“Dissatisfied with the High Court judgement delivered by Justice Nixon Sifuna on Thursday allowing Wilson Nahashon Kanani, a junior Nairobi County employee, to keep assets worth Kes643.2M, which EACC wanted forfeited to the State, the Commission has moved to challenge the decision at the Court of Appeal.
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The High Court also lifted earlier orders which had frozen the impugned assets including landed properties, high-end vehicles and cash held in various banks.
EACC had informed the High Court that according to its investigations, Kanani was linked to assets worth Kes1,054,917,466.01 through multiple companies and bank accounts under his name, spouse, minor children and associates and that when EACC required them to explain the wealth, they ONLY managed to justify Kes.407,146,589.04 leaving out Kes643,213,688.12 unaccounted for.
It is this unexplained portion that EACC wanted forfeited to the State as proceeds of corruption.” said EACC
According to the government agency, the news is a major set back in the fight against corruption in the country and an opportunity to loot and get away with it.
“The High Court judgement, in this case, is a setback in the fight against corruption as it seeks to alter the current legal position on the burden of proof in forfeiture cases where graft suspects are required to explain the sources of their wealth. This potentially makes it easier for corrupt officials to loot public resources and escape legal consequences.” said EACC
