EACC move to court to seize Sh78.1million from former KPA staff
The Ethics and Anti-Corruption Commission has moved to the high court in Mombasa seeking to recover Sh78.1million from a Kenya Ports Authority (KPA) staff.
EACC through a statement revealed that the employee, Antony Muhanji acquired the money from KPA through a fraudulent tender.
“The purpose was to ensure that in the event the Commission wins the recovery suit, any forfeiture and reinstitution orders issued by the Court will not be in vain,” reads part of the statement.
In the suit filed yesterday, EACC said Muhanji engaged in conflict of interest contrary to Section 42 (1) Anti-Corruption and Economic Crimes Act, No 3 of 2003 and Section 66 of Public Procurement and Asset Disposal Act (PPADA), 2015.
The commission said the tender was illegally awarded to Muhanji’s private company, Mukitek Investment Limited, to undertake excavation and concrete works at KPA.
This came to light when EACC launched investigations after its regional office in Mombasa received an allegation of fraudulently procured funds from KPA.
The anti-graft agency discovered that the tender was acquired through forged documents and that Muhanji supervised the excavation as the Project Manager.
EACC then immediately froze Sh52,191,704 awarded to Muhanji, pending conclusion of investigations.
In the suit, the Commission wants the high court to declare the Sh78.1million as proceeds of crime and issue reinstitution orders compelling Muhanji and his company to pay the amount to the government.
EACC wants a declaration that the Sh78.1million paid by KPA to Mukitek Investment Limited was fraudulent and illegal, and therefore constitutes proceeds of crime liable to recovery by EACC.
It also wants an order for forfeiture and reinstitution of the Sh78.1million directed to Muhanji, Mukitek Investment and their associates.
