The Ethics and Anti-Corruption Commission (EACC) has filed a notice of appeal at the Court of Appeal seeking to overturn the Anti-Corruption Court judgement allowing Wilson Nahashon Kanani, a junior Nairobi County employee, to keep Ksh643 million, which the anti-graft body had declared unexplained wealth and wanted forfeited to the State.
In its submissions, EACC informed the High Court that its investigations revealed massive wealth amounting to Ksh1 billion linked to Kanani through bank accounts under his name, family, and associates.
The Commission has expressed dissatisfaction with the High Court ruling, praying to the appellate court to set it aside.
EACC Spokesperson Eric Ngumbi said the ruling of the High Court will reverse the jurisprudential gains Kenya has made so far in the recovery of public funds and assets stolen by corrupt public officials.
“The Commission has filed a notice of appeal and will be challenging the entire decision of Justice Sifuna. We will be asking the Court of Appeal to consider overturning that judgement because if allowed to stand, it will have adverse consequences in the fight against corruption and negate the jurisprudential gains that the country has made so far,” he said.
Additionally, the Commission argued that the ruling set a bad precedent, making it easier for corrupt public officials to use their offices as a medium for the accumulation of wealth at the expense of the public.
“If this judgement is allowed to stand, it will disturb the established legal principles and standards that constitute the progressive jurisprudence that has seen the country make significant gains in the recovery of stolen public property,” Ngumbi said.
Also Read: EACC Lists Professionals That Top in Stealing Public Funds
High Court Decision
The High Court also lifted earlier orders that had frozen the impugned assets, including landed properties, high-end vehicles, and cash held in various banks.
Kanani, who acquired his wealth over a period of five years, earns a monthly gross salary of Ksh85,630.00 and a net of Ksh55,866.75.
EACC had informed the High Court that according to its investigations, Kanani was linked to assets worth Ksh1,054,917,466.01 through multiple companies and bank accounts under his name, spouse, minor children, and associates.
Also Read: EACC Summons 39 Busia County Officials
EACC Demands for Explanation
When EACC required them to explain the wealth, they only managed to justify Ksh407,146,589.04, leaving Ksh643,213,688.12 unaccounted for.
It is this unexplained portion that EACC wanted to be forfeited to the State as proceeds of corruption.
The High Court judgement is a setback in the fight against corruption, as it seeks to alter the current legal position on the burden of proof in forfeiture cases, where graft suspects are required to explain the sources of their wealth.
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