EACC appeals court decision allowing City Hall worker to retain Sh643 million assets
By Amina Wako |
The assets in question include a Sh6.5 million flat in Nairobi, a Sh11.2 million house in Busia, and Sh3.5 million worth of land in Naivasha.
The Ethics and Anti-Corruption Commission (EACC) has filed an appeal seeking to overturn a High Court ruling that allows a junior employee at City Hall to retain assets valued at Sh643 million. The anti-graft body had previously demanded the forfeiture of the assets to the state, citing their acquisition through corrupt practices.
In its notice to the Court of Appeal, the EACC expressed dissatisfaction with the recent judgement by Justice Nixon Sifuna of the Anti-Corruption Court, which was issued on November 7, 2024.
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“Being dissatisfied with the judgement and decree of the High Court Anti-Corruption Court at Nairobi (Nixon Sifuna J.), the commission intends to appeal to the Court of Appeal against the whole of the said decision,” the EACC stated.
EACC spokesperson Eric Ngumbi described the ruling as a major setback in Kenya's anti-corruption efforts, warning that it could hinder future asset recovery cases.
“By disturbing the established legal principles and standards, the judgement potentially reverses the jurisprudential gains that Kenya has so far achieved in recovering public funds and assets stolen by corrupt public officials,” Ngumbi stated.
He added that upholding the decision could create a concerning precedent for similar cases.
On Thursday, Justice Sifuna lifted an order freezing the assets and five bank accounts of Wilson Nashon Kanani and his wife, asserting that the couple had provided a satisfactory explanation of their wealth.
“I find that the respondents have satisfactorily explained that the assets were acquired genuinely, as there is no evidence on record that he (Mr Kanani) is corrupt or engaged in corruption or that [the assets] were acquired through corruption. The explanation and evidence tabled in court are satisfactory,” said Justice Sifuna.
The EACC, however, argued that Kanani, a junior employee, had abused his position by receiving revenue intended for the Nairobi County government into private accounts held by him and his wife’s companies.
The assets in question include a Sh6.5 million flat in Nairobi, a Sh11.2 million house in Busia, and Sh3.5 million worth of land in Naivasha. Additionally, the EACC reported that Kanani acquired high-end vehicles—among them a Toyota Land Cruiser V8, a Mercedes Benz E 300, and a Toyota Alphard—within a span of five years.
Investigators also examined Kanani’s bank accounts, which reportedly received cumulative deposits amounting to Sh506 million from January 2016 to October 2022. The EACC argued that these assets and funds were beyond what could reasonably be explained by his official salary.
However, Justice Sifuna dismissed the notion that Kanani’s earnings were insufficient to justify his accumulated wealth, suggesting that prudent investments could lead to significant asset accumulation.
“A keen public officer who invests his money will have more assets than an executive who spends his otherwise humongous salary on leisure and sin,” the judge said.
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