Man appeals State seizure of Sh41m in graft probe

A former head of finance at a State corporation Tuesday appealed the government’s seizure of Sh41.2 million on suspicion the money was proceeds of crime.

In the appeal before a Bench of three judges, Mr Stanley Mombo Amuti said the Ethics and Anti-Corruption Commission (EACC) had failed to give him notice and state the period of inquiry when the suspected property was acquired.

He was head of finance at National Water Conservation and Pipeline Corporation.

Mr Amuti reckons he was in a position to acquire multi-million shilling property given his over 25- year career in the Civil Service.

The EACC narrowed its period of investigations to 10 months to June 2008 when Sh140 million flowed through Mr Amuti accounts and Sh85 million was withdrawn. Court documents show he earned a net monthly salary of Sh180, 000.

The High Court had ruled that he should forfeit Sh41.2 million because it was unexplained wealth, money which remains frozen and yet to be forfeited pending an appeal. The anti-graft agency recovered Sh4.3 million from his home following a raid.

In defence, Mr Amuti said the cash included Sh9.5 advanced to him by a Mr Samuel Gitonga, Sh15.5 million in professional fees from a Sudanese national, Sh10.9 million said to be instalments paid by Ms Evelyn Mwaka and Antony Ng’ang’a Mwaura for sale of property and Sh1 million he said were funds for a community project.

The court will give judgment on May 10. Some property, including flats, land and card owned by Mr Amuti were not frozen.

Others are two residential homes in Nairobi, three rental houses in Umoja, four parcels of land in Siaya, four plots in Kakamega, four cars and three properties in Ngong.