Bernice Mbugua @BerniceMuhindi
As the war on corruption gathers steam, the High Court yesterday ordered former Nairobi Finance Executive Jimmy Mutuku Kiamba to forfeit to State Sh317 million of unexplained assets.
Anti-Corruption Court judge Hedwig Ong’udi ruled that Kiamba failed to satisfactorily explain the source of his assets.
“The sum of Sh282,648,604 should be paid to the government by the first defendant,” ruled the judge. She directed the former CEC to pay an extra Sh35 million to the State and in default, his Runda property will be forfeited.
The judge said the Sh21,971,810 which Kiamba claimed was proceeds of cattle farming, 17,094,610 (wheat farming), Sh12,478,430 (maize farming) and Sh228,103,754 (transport business), Sh35 million land and Sh3 million from a law firm constituted unexplained assets.
She said the assets were disproportionate to his known sources of income.
EACC had sought the forfeiture of Kiamba assets and those of his wife Tracy Mbinya Musau worth Sh872 million, which it considered unexplained wealth.
Through its investigating officer James Kariuki, EACC told the court that it had investigated the former CEC’s 11 bank accounts activities dating from August 2009 to January 2015, and found that the deposits were way beyond Kiamba’s legitimate income.
Kariuki testified in court that they also obtained Jimmy’s declaration of income, assets and liabilities from the Public Service Commission dated 2007 and December 2007.
He said upon analysis of all financial documents, EACC found that the disparity between Kiamba’s known income and assets and the amount he currently held was Sh575,121,611.
Kiamba, in response, claimed he, together with his wife, owned several businesses apart from employment, including farming, hotel, transport, quarry, real estate and interior design ventures.
For the cattle and wheat businesses, the judge said there was no evidence of particular sales and the revenue from the same.
She said EACC had proved that Kiamba grows maize in his father’s land, for which he did not require to lease.
“The first defendant should have attached title documents in his father’s name and proof of relationship between him and registered owner. There is also no evidence of huge sale of maize,” she ruled.
Justice Ong’udi further noted that the explanation of the transport and quarry business was not sufficient thus the cash from the same unexplained assets.
“I am, therefore, convinced from the totality of the evidence that commission’s suspicion of corruption or economic crime having been committed by Kiamba was reasonable hence the investigation,” she said.
The judge, however, said some of the properties listed were legally acquired.
EACC suspected that Kiamba stole public funds from City Hall as he deposited more than Sh400 million between January and November, 2014 despite earning just Sh85,000 monthly when he served as chief finance officer before his promotion to CEC.
In its previous submissions, EACC told court how Kiamba used his juniors to deposit huge amounts of money in his account, including a driver attached to him as well as a security guard.
Kiamba, is among various former Nairobi county senior officials, including former governor Evans Kidero, facing charges of corruption and economic crime.