BY SAM ALFAN.
A senior lands official has suffered a major blow after the High Court ordered the preservation more than 100 parcels of land, 17 motor vehicles and Sh4.2 million in cash, pending the conclusion of investigations by the anti-graft agency.
Anti-corruption division judge Esther Maina allowed the Ethics and Anti-Corruption Commission (EACC) to seize the properties belonging to Felix Mecha Nyakundi, pending conclusions of investigations and recovery process. The freeze will remain in place for six months.
Nyakundi, currently the principal lands registrar in Thika also served in Baringo in the same capacity.
“A prohibition order be and is hereby issued prohibiting the respondent, by himself or through his agents or servants from transferring, selling disposing of, wasting, charging or dealing with the properties listed for a period of six months,” ordered justice Maina.
The EACC told the court they are undertaking investigations in respect to allegations of embezzlement of public funds and abuse of office by the official.
The court heard that preliminary investigations have revealed that Nyakundi has accumulated wealth that is not commensurate with his known legitimate sources of income.
In the documents, EACC revealed that pursuant to a search warrant issued by the magistrate court, the commission undertook search on the resident, business and office premises of Nyakundi which search yielded significant number ownership documents for land, motor vehicles and bank accounts.
The investigators also seized Sh 4,260,000 during the search.
“The applicant intends to analyze the documents seized in conduct of search and is reasonably apprehensive that the discovery and ongoing investigations, the said properties at risk of being transferred, sold, charged or otherwise wasted thereby jeopardizing the recovery,” the ECC said.
The anti-graft agency investigator Charity Muniu in her supporting affidavit told the court that there is reasonable suspicion that Nyakundi has been involved in corruption or economic crime which has led him to accumulate the properties.
She added that it is necessary to prohibit any dealings with the assets as the commission completes its investigations, to obviate a situation whereby the investigations and intended recovery or restitution proceedings may be compounded or rendered nugatory all together.
“The investigations by the commission are likely to take some time and in the absence of a preservation order, there is nothing to prevent the respondent from dealing with the properties in the intervening period to the detriment pf the public,” said the investigating officer.
The properties are in Kilifi, Nairobi, Kisii, Malindi and Kajiado among other areas.
