CURRENT NEWS - YEAR 2017
ETHICS AND ANTI-CORRUPTION COMMISSION (EACC) IN A LANDMARK ASSET RECOVERY WIN

The Ethics and Anti-Corruption Commission (EACC) has achieved an unprecedented win on asset recovery in a case against former Kenya Ports Authority (KPA) Managing Director Mr. James Mulewa, who has been ordered by a Court to pay a hefty Ksh.74.6million in unexplained assets.

In a landmark ruling, the court upheld a case filed by EACC, and ruled that Mr. Mulewa failed to give a satisfactory explanation on how he acquired the assets listed by the Commission, which included a vacant plot in the upmarket Nyali and a four-bedroom maisonette Bandari Villas.

The High Court siting in Mombasa ruled in favour of the EACC and ordered Mr. Mulewa, a former Managing Director of KPA to pay back to the Government of Kenya Ksh. 63,683,794.00 being cumulative bank deposits he made between August 31st, 2008 and May 20th, 2010.

The former KPA boss will further pay the Government of Kenya Ksh. 11,000,000 which is the value of two properties situated at Nyali and Bandari.

High Court Judge, Justice Eric Ogola, ruled that Mr. Mulewa did not offer any explanations as to how he acquired the properties. He only stated that some of the properties do not belong to him but belong to some of his family members.

Mr. Mulewa who served as the KPA Managing Director between 2008 and 2010 was sued by EACC after he failed to give a satisfactory explanation of how he acquired the properties. The Commission instituted a suit in 2011 against Mr. Mulewa and his company, Sharkat Ltd, following investigations which concluded that he had involved himself in corrupt activities. The investigations showed that Mr. Mulewa had amassed wealth that was not proportionate to his legitimate sources of income during his tenure as the KPA Managing Director.

In response to the suit, Mr. Mulewa told the court that the bank deposits were proceeds of sale of his livestock from the family ranch in Kilifi County.

The Commission through its Legal Advocate, Mr. Philip Kagucia argued before the court that Mr. Mulewa had failed to adduce any evidence to dispute that the assets were acquired through corruption. The court was urged to compel Mr. Mulewa to pay back the cumulative bank deposits, and further order him to forfeit Ksh.17 million being the value of unmovable assets.


Posted on Thursday, September 28, 2017

 

 
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