KIAMBA’S FILE PROTESTING HIS FROZEN BANK ACCOUNTS TO BE PLACED BEFORE ANOTHER JUDGE.

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Former City Hall Chief of Finance Jimmy Kiamba’s who is a confused man after high court judge’s issued two contradicting order’s over his account.
BY SAM ALFAN

A file in which former Nairobi Chief Finance Officer Jimmy Kiamba is contesting the freezing of his bank accounts will now be placed at the Civil Division.

This move is pending the creation of an Anti-Corruption Division of the high court.

High Court Principal Judge Richard Mwongo said the anti-graft section will be operational by May 2016 where judges in the division will be able to deal with graft cases.

This comes in the wake of Kiamba protest through his lawyer Philip Nyachoti over four judges making contradicting orders in the case.

According to Nyachoti, Justice Msagha Mbogholi ordered the freezing of Kiamba’s account but Justice Fred Ochieng issued temporary orders allowing him to access a specific amount of money from his accounts.

However, before the orders could be operationalized, the Ethics and Anti-Corruption Commission rushed to court before Justice Lucy Nyambura who ordered the accounts refrozen.

Kiamba complains that the contradicting orders have been issued three times leaving him at the center of confusion.

He also claims the application by Anti-corruption commission is defective, mischievous and an abuse of the court process and should be dismissed at the first instance with cost on them.

According to Kiamba, the application is tainted with deliberate concealment and non-disclosure of material facts in view of the orders issued on June 25, 2015.

“It is obvious, EACC’s case  against Kiamba  was a mere suspicion as opposed to any material  and tangible  evidence to support  the allegation of alleged  corruption  in acquisition of the respondents assets and suspicions cannot be ground for the grant of an injunction,” said his lawyer Nyachoti.

Kiamba’s two accounts at CFC Stanbic had a balance of Sh14.4 million before his interdiction in October 2014.

One had a balance of Sh10.3 million while the second one had Sh4.1 million.

He had also amassed properties within Nairobi including four apartments at Kilimani, a town house in Kileleshwa, two maisonettes in South C and eight plots in Muthaiga, Mavoko and Machakos.

He also owned six cars which were impounded.

The case will be mentioned tomorrow April 12.

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