Former Nairobi County finance boss ordered to surrender Sh114 million
By Lucy Mumbi |
However, Kiamba had defended his wealth, saying he practised large-scale farming of wheat and livestock since 2006.
The Court of Appeal has directed former Nairobi County finance boss Jimmy Kiamba to pay the State Sh114 million after dismissing the case over unexplained wealth.
The Ethics and Anti-Corruption Commission (EACC) had initially listed several properties and money in his bank accounts as ‘unexplained assets’
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The Commission noted that the assets were of higher monetary value compared to Kiamba’s and his wife's known legitimate source of income.
“The appeal succeeds only to the extent that we hereby set aside the trial court’s order requiring the 1st appellant to pay to the Government the sum of Sh282,648,604 and, in its place, we hereby order and direct that the appellants do jointly and severally pay or forfeit to the Government of Kenya the sum of Sh113,893,743, being the unexplained cash in their bank accounts,” Justice Imaana Laibuta, Abida Ali-Aroni and John Mativo ruled.
The three judges on Friday sought to inquire how Kiamba could acquire several high-end properties between 2009 and 2013.
“Even if one was to assume that the undisputed properties generated income, there was no evidence placed before the court in support of huge sums of rent that would have enabled the appellants to acquire the properties they did in upmarket Nairobi,” the judges said.
EACC had filed the case in a lower court which ruled in favour of Kiamba.
However, the three judges said they agreed with EACC’s submission that the trial judge Hedwig On’gudi made a mistake, by failing to interrogate the difference in income between 2009 and 2013.
“We, therefore, fault the learned trial judge for finding, in the absence of sufficient explanation and supporting evidence, that the appellants' known income could support the purchase of the following assets,” the judges said.
The incomes are said to have increased from Sh600,000 to Sh95 million within six years.
The court further added that there was insufficient evidence to support claims that the former city county official could purchase three apartments.
However, Kiamba had defended his wealth, saying he practised large-scale farming of wheat and livestock since 2006.
In addition, he said he had two hotels in Mombasa and Machakos, he engaged in the water and quarry business and had rental income from properties jointly owned with his wife.
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