The Anti-corruption Court in Nairobi has allowed EACC to detain Ksh 62.1 million belonging to former Treasury CS Ukur Yatani's nephew retrieved from his house for six months pending investigation over graft allegations linked to the Marsabit County Government.
Justice Esther Maina made the directive after the EACC filed an application seeking an order allowing it to continue to detain 4,600 pieces of US Dollars in 100 denomination seized from Yatani's nephew Ibrae Doko Yatani's residence on April 24, 2024, following a raid by detectives.
The commission through Lawyer Jackie Kibogy urged the judge to issue preservation orders for the cash found at Doko's house by EACC officers since he is being investigated over irregularly receiving Ksh71.7 million from the County Government of Marsabit through his company Al Habib Enterprises.
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"EACC is undertaking investigations under Inquiry File No. EACC/PI/INQ/32/2023 into allegations of embezzlement of public funds, procurement irregularities and irregular award of tenders by the County Government of Marsabit in the financial years 2013 – 2024 and preliminary investigations reveal that during the period of interest, the respondent through his company Al Habib Enterprises irregularly received Ksh71,790,897 from the County Government of Marsabit," Kibogy told the court.
The commission told Justice Maina that possession of the amount was in circumstances raising reasonable suspicion that the money may constitute proceeds of corruption or unexplained wealth or Doko is engaged in money laundering hence the need to investigate the source.
"EACC is apprehensive that the Respondent may demand unconditional release, surrender, access or possession of the cash and alienate the property to the detriment of the public unless this Honourable Court issues orders authorizing the continued custody of the 4,600 pieces of USD 100 denominations," EACC investigator Catherine Ngari argued.
Ngari said the cash was retrieved at Doko's home after they moved the court vide Miscellaneous Criminal Application No. E313 of 2024 under Section 118 & 118A of the Criminal Procedure Code for a warrant to search the Yatani nephew's business and residential premises for purposes of retrieving information, electronic devices and documents that would aid in the investigations.
"EACC obtained warrants to search the Respondent’s residence pursuant to an order of the court issued on 22nd April 2024. The search was executed on 24th April 2024 when several items including 4,600 pieces of USD 100 denominations (equivalent to Ksh62.1 million) were retrieved from the respondent’s residence, " investigator Ngari told Justice Maina.
The anti-graft body argued that unless the preservation orders are issued it is apprehensive that Doko shall dispose of or transfer all or part of the property in order to frustrate any subsequent proceedings that may ensue after the investigation.
"It is crucial that the cash be retained in the state they are in as they have been serialized and will be used as an exhibit in the event criminal charges are preferred," Ngari stated.
Yatani under investigations
The EACC has also revealed that former CS Yatani together with the sitting Marsabit Governor Ali Mohamed Mohammud, top county officials and close family members are under investigations for theft of public funds, abuse of office, procurement irregularities, conflict of interest and unexplained wealth.
The commission is said to be investigating the Marsabit County officials who have been linked to a suspected multi-billion graft probe, totalling Ksh8.2 billion.
A week ago EACC raided homes belonging to Yatani, his relatives and Marsabit county officials both in Nairobi and Marsabit counties over the alleged graft scandal.
Yatani served as Governor for Marsabit before being appointed to the Labour docket and later Treasury as the Cabinet Secretary, under former President Uhuru Kenyatta's regime.
