EACC wins battle to recover assets worth Ksh207 million from former govt accountant

The Ethics and Anti-Corruption Commission (EACC) has recovered assets worth Ksh207.7 million from a former Trans Nzoia County accountant after the High Court ordered their forfeiture to the government over unexplained wealth.

In a judgment delivered by the High Court, Justice Rose Ougo found that Andrew Biketi Musuya had failed to satisfactorily explain the difference between his accumulated assets and his known legitimate sources of income.

The assets ordered forfeited include properties in Mombasa, Kilifi and Bungoma, bank and mobile money funds, and motor vehicles acquired during the period under investigation.

The properties include two five-storey apartment blocks and a five-bedroom townhouse in Mtwapa, Mombasa County, alongside undeveloped parcels of land.

The court also ordered the forfeiture of a Toyota saloon car and a Toyota Harrier registered in his wife’s name.

The court found that Musuya’s funds had been used to purchase the Harrier despite its registration in his wife’s name. The vehicle was consequently included in the forfeiture orders.

EACC investigations established that Musuya accumulated substantial assets between January 2013 and October 2018, when he worked as an accountant at the Ministry of Public Health and Sanitation and later as a principal accountant at the Trans Nzoia County Government.

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During the proceedings, Musuya gave several explanations for his wealth, including income from a club, maize farming, loans, consultancy work and rental properties. However, the court found that the explanations did not satisfactorily account for the assets under investigation.

As such, the court rejected the argument that proceeds from the club were sufficient to explain the wealth, finding that the figures presented represented gross sales rather than net income.

It also found that the money allegedly earned from maize farming had not been traced to the acquisition of the assets.

The former accountant’s explanations involving loans and consultancy earnings were also found insufficient. 

Further, the court noted that he had not adequately established the loans or demonstrated that he personally received the money claimed from consultancy transactions.

EACC had sought to recover Ksh284.1 million in unexplained assets, but the court ordered the forfeiture of Ksh207.7 million.

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