The High Court on Tuesday, June 27 granted the anti-graft agency orders freezing two prime apartments in Nairobi believed to have been acquired using money embezzled from the County Government of Vihiga by a former Finance Chief Officer and his wife.
Also affected are the head of procurement and his wife, all employees of the County government, together with eight others.
One apartment valued at Sh14 million and located in Nextgen Park on Mombasa Road is jointly owned by Nathaniel Manyeve Ahaza, the then head of procurement, and one of his wives Peris Odari, court documents show.
The second one, located at Tulip Court, Fourways Junction, is valued at Sh13.5 million and registered under Emma Mulongo, a Revenue Officer and wife to Wilberforce Ndula, Chief Officer of Finance from 2014-2017.
The Ethics and Anti-Corruption Commission (EACC) contends that Nathaniel Manyeve Ahaza and his wife Elizabeth Masidza, in conflict of interest and abuse of their positions as head of procurement and administrative assistant, and in collusion with the Chief Officer Finance, hatched and executed a fraudulent scheme to corruptly obtain Sh13 million from the County Government through fictitious procurement contracts purportedly for the supply of toners and capacity-building services awarded to Boyse Ventures Limited, a company owned by the couple.
Although the company did not supply anything to the County Government, it was paid Sh13,989,450 which it used to make partial payments in the purchase of the said two apartments for the officials.
EACC wants the officials compelled to pay back the amount with interest from 2014 or an order for the Government to sell the two apartments by public auction.
The recovery suit is in addition to the criminal case currently ongoing.
In its application for injunction orders, the EACC told the High Court that it is reasonably apprehensive that unless the orders are granted, the defendants will in the intervening period sell and or transfer or in any way dispose of the said properties “therefore frustrating and defeating the recovery of the said public funds”
Certifying the matter as urgent, Justice Esther Maina of Milimani Law Courts ordered that pending hearing and determination of the case, Emma Mulongo, the Chief Officer’s wife by herself, her agents, servants, and/or her employees or any other person interested in the property is restrained from alienating, selling, charging, leasing, transferring or disposing of or in any other manner dealing with the
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A total of 13 defendants have been sued in the recovery suit by the Anti-Corruption watchdog.
They include the four already mentioned as well as Boyse Ventures Limited, a private company owned by the Head of Procurement, his wife and a colleague in the office, and a third co-owner, and Director, identified as Antonina Muyoka Sangura.
He was the manager of the daily affairs of the company when the officials were away in the county government and were also sued in the case.
The other person is Beatrice Alosa (the Accounting Director at Vihiga County government), Johnson Ombaka (head of Internal Audit at the county), Ernest Ambaka Lukayu (head of Treasury-Accounting at the county), Victor Victor Ayway Keyo, an accountant at county Treasury.
There is also Peter Vulimu Ejimba, Beatrice Makungu, and Joseph Maloba Chitechi, who are accountants at the Department of Finance in Vihiga County.
The EACC argued in court that its investigations established that Mr. Ahaza and his wife, in collusion with the Chief Officer of Finance, hatched and executed a fraudulent scheme to corruptly obtain Sh13.99 million from the county government.
This they did through fictitious procurement contracts purportedly for the supply of toners and capacity building.
The funds were then used to make part payments in the purchase of the frozen apartments belonging to the Chief Officer and the Head of Procurement, and their respective wives.
The listed senior accountants are sued for processing irregular and illegal payments while aware that the same was a scheme to defraud the county coffers.
“EACC contends that although they did not benefit from the money, they blatantly abused their positions of trust and the fiduciary duty owed to the public by using their office to improperly enrich the Head of Procurement and his wives as well as the Chief officer and his wife,” the EACC told the court.
This is the latest such win in the war against graft.
