Ethics and Anti-Corruption Commission (EACC) yesterday secured orders from the High Court to freeze multi-billion shilling properties owned by a Thika-based Ministry of Lands official.

The orders, secured against Thika Lands Registrar, Felix Mecha Nyakundi, are for a period of six months.

The targeted properties include 17 top-of-the-range vehicles and 106 prime properties spread across the country, including Kisii, Trans Nzoia, Lamu, Baringo, Nairobi, Machakos, Mombasa and Kilifi counties.
The commission suspects the said properties to be proceeds of corruption by the Land Registrar, and which should therefore be forfeited to the government.

Issuing the orders from Milimani High Court, Lady Justice Esther Maina also allowed the anti-corruption agency to hold and retain the sum of unexplained Sh4,260,000 in cash seized from the suspect during a search operation undertaken by EACC in his homes and offices.

In the Application filed on Friday under a certificate of urgency, EACC, through its Advocate Pius Nyoike, told the High Court that Nyakundi has accumulated massive wealth that is not commensurate with his known legitimate sources of income and as such the Commission reasonably suspects him of corruption and economic crimes.

Documents filed in court indicate that EACC said that it was reasonably apprehensive that unless the preservation orders are granted, the 106 properties and seventeen vehicles discovered through its preliminary investigations were at risk of being transferred, sold, charged or otherwise wasted thereby jeopardising their recovery.

“That preliminary investigations have revealed that the respondent has accumulated wealth that is not commensurate with his known legitimate source(s) of income,” reads the affidavit sworn by Nyoike.

“That pursuant to a search warrant issued by the Chief Magistrate’s Court at Milimani, the applicant undertook search on the residential, business and office premises of the respondent which search yielded a significant number of ownership documents for land, motor vehicles and bank accounts. Further, cash amounting to Sh4,260,000 was seized,” Nyoike adds.

In her ruling, the Judge said she was satisfied that EACC made a compelling case for grant of the preservation orders pending finalization of the ongoing investigations into allegations of embezzlement of public funds, abuse office and unexplained wealth.

The Commission contends that based on its preliminary investigations, Nyakundi cannot practically have amassed such wealth through lawful and legitimate means and in the absence of any satisfactory explanation, his accumulated wealth can only be proceeds of corruption hence liable to forfeiture to the government of Kenya.

The Orders by Justice Maina prohibit Nyakundi, implicated family members and associates, whether by themselves or through their agents or servants from selling, transferring, disposing of, wasting, charging or in any other way dealing with the 106 properties and 17 motor vehicles for the next six months.