Former City Hall Finance Chief Jimmy Mutuku Kiamba before Milimani Anti-corruption Court in Nairobi (FILE PHOTO)
BY SAM ALFAN.
The Ethics and Anti-Corruption Commission is considering an out-of-court settlement with former City Hall finance Chief Jimmy Mutuku Kiamba, Nairobi TIMES can now reveal.
Mr Kiamba’s lawyer, Philip Nyachoti, requested for the talks, arguing that the former City Hall finance boss is keen on reaching an out-of-court deal.
According to a correspondent of letters seen by Nairobi TIMES between EACC legal office Philip G.Kagucia and Kiamba’s lawyer Philip Nyachoti, Mr Nyachoti wrote to EACC on 1 April 2016 seeking for out of court settlement.
“As you are very well aware, the above noted cases instituted against our clients by the commission are still pending in court for hearing and determination, However, we have instructions to inform you that our clients are of the view that the same should be settled amicably. As such, our clients are amenable to an out of court settlement in the interest of all concerned parties” Wrote Lawyer Nyachoti.
The EACC has agreed to a request by Mr Kiamba’s lawyer for negotiations that could see it withdraw the suits it has instituted against Mr Kiamba.
The commission through it legal officer responded to Kiamba’s lawyer through a letter dated 1 July ,2016 agreeing to an out-of-court negotiations on condition that the talks are held exclusively between the parties’ lawyers.
“We refer to your letter dated 1.4.2016, the contents of which are duly noted. Whereas we are amenable to the proposed negotiations, it is our considered view that, at this juncture, the parties interests are best served by a professional engagement solely between counsels on both sides” replied Mr Kagucia.
They were invited to a meeting at Integrity centre on Tuesday 5 July, 2015 at 11;00 a.m.
However the meeting did not take place after Kiamba’s lawyer Philip Nyachoti wrote to EACC on 4 July 2016 informing the commission he would not be available on the said date due to what he termed as “earlier commitments fixed for the same date.
“In the circumstance, we shall get in touch with you so as to agree on a mutually convenient date for both of us for the proposed meeting” replied lawyer Nyachoti.
The EACC has instituted four cases against Mr Kiamba, with the Kenya Revenue Authority (KRA) also filing a suit to claim Sh262 million.
The KRA has since obtained court orders blocking 10 bank accounts registered to Mr Kiamba, pending the determination of the suit.
Three of the EACC suits are in the civil division while one is in the Chief Magistrate’s Court where Mr Kiamba has been charged alongside former Nairobi County secretary Lillian Ndegwa and three other former City Hall officials.
They have all denied conspiring to defraud Nairobi County of Sh17.9 million.
Among the properties the EACC says Mr Kiamba obtained using funds looted from City Hall are two maisonettes in South C, a plush town house in Kileleshwa, four apartments in Kilimani and eight plots of land in Muthaiga, Mavoko and Machakos.
The EACC also wants to confiscate six cars Mr Kiamba owns.
The EACC holds that Mr Kiamba acquired the property when his declared salary was Sh85, 000 and that he had not disclosed any other source of revenue.