BY SAM ALFAN.
A deputy director of external resources at Treasury has been barred from collecting rent from houses in Matungulu, Machakos County that is being targeted for forfeiture to the government.
Anti-Corruption Court Judge Esther Maina barred Charles Muia Mutiso from demanding, collecting or receiving monthly rental income from the houses, pending the determination of the case filed by the Ethics and Anti-Corruption Commission.
The Judge also prohibited Mutiso from dealing with funds in three bank accounts held at Absa Bank, Co-operative Bank and KCB Bank.
In the ruling, the court allowed EACC to appoint a receiver for the collection of the rental income, the management and control of the property known as LR No. Matungulu Sengani/3503.
The house consists of six units of two bedrooms each. The court further restrained Mutiso, his agents, servants or any other persons from selling, charging or dealing with the property, which property valued at Sh8 million and another parcel in DOnyo Sabuk, valued at Sh3.5 million.
“An order of injunction is hereby issued restraining Charles Mutiso, his agent and servants from transferring, disposing, wasting or in any other way dealing with motor vehicle Toyota vanguard KCH 393M,” court ordered.
The court directed Mutiso to surrender the logbook of the said motor vehicle to the EACC within seven days, failure to which the commission shall be at liberty to seize, tow and detain it.
The Judge ruled that EACC had demonstrated a prima facie case and that it shall suffer irreparable loss which cannot be compensated by an award of damages, if the order was not granted.
“It is also in the public interest that the assets of the subject matter of the suit be preserved pending hearing and determination of the recovery proceedings,” observed the judge.
The commission moved to court to restrain Mutiso from dealing, selling or transferring the assets which are under investigations over suspicion that they are proceeds of crime.
However, Mutiso filed at the High Court seeking for an order allowing him to access and deal with his five parcels of land in Nairobi and Machakos counties.
He claims that the monies in the bank accounts and the properties were not obtained through corrupt conduct or illegitimately, as alleged by the EACC, adding that he can account how he acquired his wealth.
Mutiso also says he is a Deputy Director at the National Treasury and Planning since 2002, having been employed in the Public Service in 1993.
In the course of his employment, he has served and travelled a total of 50 times to various countries representing Kenya.