The High Court has declined to unfreeze the assets of a City Hall employee who is accused of amassing Ksh643 million through corruption.
A ruling rendered by Justice Nixon Sifuna on Wednesday declined a request by Wilson Nahashon Kanani, a public officer employed by the Nairobi City County Government, to lift orders that froze and barred him from dealing with his properties including Ksh48 million held in various bank accounts, and several vehicles.
Judge Sifuna concurred with the Ethics and Anti-Corruption Commission (EACC) that it was improper for him to set aside the orders pending the determination of a forfeiture suit on Kanani’s Ksh643.2 million worth of assets whose source he could not explain.
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"I declined to discharge the interim orders. The orders of September 13, 2023, by Justice Esther Maina, shall continue to abide by the logical conclusion of the matter," Justice Sifuna ruled.
The orders were first issued on September 13, 2023, by Justice Esther Maina who ordered pending the hearing of a case that had been filed by the commission to have Kanani's multi-million property forfeited to the state since they are proceeds of crime.
Aggrieved by the orders, Kanani through an application dated September 25, 2023, sought to discharge the interim prohibitory orders of September 13, 2023, Judge Maina.
EACC filed the case following investigations into an allegation that Kanani, a Development Control Officer II at the Urban Planning Department of Nairobi City County Government, earning a monthly gross salary of Ksh88,530 had accumulated assets whose value was above his known legitimate sources of income.
Investigations established that Kanani was indeed an employee of the Nairobi City County Government in the capacity of Development Control Officer II and that he earned a monthly net of Ksh55,866.
The anti-graft told the court that the probe into the matter revealed that Kanani was a co-director of Seventeen Forty Nine Limited, one of the companies that the Commission also investigated pursuant to the allegations received.
The said company is trading as 1824, a popular bar and nightclub along Langata Road, Nairobi.
Kanani’s duties as a Development Control Officer II include regulation of outdoor advertisements, monitoring and surveillance of all outdoor advertisements and calling advertisers to comply with approvals and payments for advertisements.
The Commission found that Kanani abused the position of trust he was occupying at the Nairobi City County Government by receiving revenue meant for the Nairobi City County Government through bank accounts held by his private companies and spouse.
His bank statements revealed that companies associated with him credited huge sums of money into his accounts including; Live Ad Limited, Firm Bridge Limited, Ikon Prints Media Limited, Parrot Concepts Limited and De-signtech Enterprises Limited.
Parrot Concepts Limited, investigations revealed, paid into his private company, Willy Walla Ltd, a total of Ksh55 million.
EACC says that other assets in question which were acquired in a span of five years, include four high-end motor vehicles including, Toyota Land Cruiser V8, Mercedes Benz E 300, Mercedes Benz E350, Toyota Alphard, an apartment in Nairobi valued at Ksh6.5 Million, a house in Busia County valued at Ksh11.2 Million and Land in Naivasha valued at Ksh 3.5 Million.
In addition, the commission says cash money amounting to Ksh898,000 was recovered in his premises by investigators during a search.
Investigations also revealed that Kanani had been previously convicted of a corruption offence involving soliciting bribes while employed under the same capacity by the defunct City Council of Nairobi.
