Court Freezes Sh643M in Assets of City Hall Official in Corruption Probe Win for EACC

Ethics and Anti-Corruption Commission (EACC) has secured a win after the Court of Appeal froze properties and cash belonging to a city hall employee suspected to be proceeds of crime.

Court of Appeal Judges Gatembu Kairu, Francis Ochieng and Aggrey Muchelule issued the order freezing the assets and cash linked city hall official Nashon Wilson Kinani, his firms Willy Walla International limited, Wilcoreg limited, Bridge side Farm and his spouse Regina Munyiva Mutinda and Regineez Enterprise.

The court barred them from dealing with the cash and monies in his bank accounts as well as transferring or selling motor vehicles and lands valued Sh.643,213,688.12.

“An order to prevent the respondents from transferring, disposing, or dealing with motor vehicles and land titles pending the appeal,” ordered appellate court judges.

Kanani, a director of Club 1824- had won the case against EACC last year when the High Court lifted the freeze order and said EACC had failed to prove that the assets were linked to corrupt dealings at City Hall.

The official had opposed the application saying he had fought for over two years, to prove that he legitimately acquired the properties and cars.

However, the appellate court said the potential for these assets to be moved or otherwise dealt with before the appeal was heard and determined presents a real risk that any success in the appeal would be rendered meaningless.

“The respondents’ assertion that the applicant had not proven the impossibility of recovery does not entirely negate this risk, especially considering the nature and value of the assets involved. We are satisfied that the applicant has demonstrated a risk of suffering irreparable loss,” said the judges.

The court added that the public interest in preserving assets suspected of being acquired through corruption was a significant factor that weighed in favour of granting the injunction.

The EACC said Kanani abused his position of trust by receiving revenue meant for the Nairobi County government through bank accounts held by his private companies and spouse.

The Commission said it concluded investigations and established Mr Kanani and his companies were in possession of unexplained assets amounting to Sh643.2 million.

Kanani successfully argued that the assets and funds in question were acquired genuinely.

But the anti-graft body appealed against the decision arguing that the assets were suspected to have been acquired through corruption and they should be preserved pending the hearing of the appeal.