EACC MOVES TO CHALLENGE HIGH COURT DECISION ALLOWING JUNIOR NAIROBI COUNTY EMPLOYEE TO KEEP KES643.2M UNEXPLAINED WEALTH
Dissatisfied with the High Court judgement delivered by Justice Nixon Sifuna on Thursday allowing Wilson Nahashon Kanani, a junior Nairobi County employee, to keep assets worth Kes643.2M, which EACC wanted forfeited to the State, the Commission has moved to challenge the decision at the Court of Appeal.
The High Court also lifted earlier orders which had frozen the impugned assets including landed properties, high-end vehicles and cash held in various banks.
Kanani, who acquired his wealth in a period of 5 years, earns a monthly gross salary of Kes85,630.00 and a net of Kes55,866.75.
EACC had informed the High Court that according to its investigations, Kanani was linked to assets worth Kes1,054,917,466.01 through multiple companies and bank accounts under his name, spouse, minor children and associates and that when EACC required them to explain the wealth, they ONLY managed to justify Kes.407,146,589.04 leaving Kes643,213,688.12 unaccounted for. It is this unexplained portion that EACC wanted forfeited to the State as proceeds of corruption.
https://x.com/EACCKenya/status/1855284681521942784?s=19
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. This potentially makes it easier for corrupt officials to loot public resources and escape legal consequences.