BY SAM ALFAN.
A construction company has failed to block Ethics and Anti-Corruption Commission from investigating its bank accounts over allegations that it was among companies that had received more than Sh1.5 billion from Wajir County Government.
The anti-graft body had obtained orders to investigate the bank accounts held at Kenya Commercial Bank belonging to Fine Trust construction company limited Wajir branch.
Justice John Onyiego dismissed the application for lack of merit.
“I do not find merit in the application as no illegality, impropriety or incorrect acts were committed save for procedural technicalities which do not prejudice the applicants (Daayo Construction and General Supplies limited and Fine Trust Construction ltd) in anyway. Accordingly the application is hereby dismissed”, ruled the judge.
The judge added that an order seeking to vary the court order should have been placed before the same magistrate.
Judge Onyiego also said that the orders have already been executed and more cases filed for recovery of the assets hence it serves no purpose to quash them.
However, the judge directed that the warrants to inspect accounts the subject of the case are spent in so far as they had no limitation of time and the same shall not be used to access Daayo and Fine companies accounts involved in the proceedings.
The agency’s forensic investigator Onesmus Kantai had obtained orders to investigate , inspect and lift certified copies of account opening documents, original cheques ,deposits slips , payment vouchers , mandate cards, EFT instruction letters , disbursement authorizations, schedules and statements relating to the company.
The investigator was required to take certified copies of any relevant entries or matters in such books or any other relevant information in respect to bank account held at KCB’s, Wajir Branch from the period of January 1 ,2017 to July 15,2018.
The application was based on the allegations that EACC had information that the Wajir county government had transferred a total of 1.5 billion to various companies including Fine Trust Construction company limited.
The money was allegedly embezzled by County officials through various companies and some money were released as kickbacks.
Fine Trust construction company then challenged the orders by a Garissa Magistrate court on July 20, 2018.
Through it director Yasmin Jama Abdullahi , the company filed affidavit in support saying the orders were obtained irregularly through exparte application which is not provided for under section 180 of the evidence Act.
He added that no law provided for issuance of warrant to investigate accounts in the manner executed by the commission and urged the court to set them aside.
Several officials of Wajir county government and a Bank manager are currently facing a case before Milimani Anti-corruption case.
Early last year, Bank account of Daayo Construction and General suppliers were frozen pending investigation into purchase of two motor vehicle for Wajir Governor Mohamed Abdi.
High Court ordered the said company account at Kenya Commercial Bank Wajir branch be frozen for six months pending investigation on alleged misappropriation of money meant for purchase of two motor vehicles for Wajir Governor at a cost of 26 million.
The court also ordered account of Fine Trust Construction Limited at Kenya Commercial Bank Wajir branch frozen for six months. 12 million paid for the purchase of governor vehicle was transferred to the company.
Justice Hedwig Ong’undi further ordered Toyota Land cruiser VX 8 LC 200 SERIES KCQ 004U should not be disposed of in any manner whatsoever for six months.
The Judge further ordered the said Governor’s Toyota Land cruiser VX 8 LC 200 SERIES KCQ 004U be immediately placed in the custody of Ethics and Anti-Corruption Commission for inspection and valuation pending conclusion of the investigations.
