Nairobi County worker loses bid to access Sh48m in graft case

The High Court has declined to lift an order blocking a Nairobi County employee from accessing his frozen bank accounts and high-end vehicles suspected to have been acquired through corruption.

Justice Nixon Sifuna dismissed the application by Nashon Wilson Kanani saying there was no merit in the application, or any material to warrant him the orders obtained by the anti-graft agency in September last year.

Mr Kanani wanted to be allowed to access his bank accounts, which were frozen on September 13, 2023 while holding Sh48 million.

“It would be ironic and cynical to quarantine the assets and on the other hand allow the subject to access the funds and appropriate them. Funds that have been found to be tainted or where reasonable suspicion of illegality or illegitimacy has been established, should be in the intervening period, be kept out of reach of the subject,” said the judge.

The judge directed the orders to remain in force until the matter is concluded and the Ethics and Anti-Corruption Commission (EACC) files forfeiture proceedings.

“After all the interim orders are intended to merely preserve the assets and the funds, subject of this proceedings,” the judge added.

Mr Kanani is the development control officer at the city county and earns a monthly gross salary of Sh85,630.

His roles include regulation, monitoring and surveillance of all outdoor advertisements and calling advertisers to comply with approvals and payments.

The EACC said Mr Kanani abused his position of trust by receiving revenue meant for the Nairobi County government through bank accounts held by his private companies and spouse.

The Commission said it concluded investigations and established Mr Kanani and his companies were in possession of unexplained assets amounting to Sh643.2 million.

They include land, motor vehicles, cash recovered and cash deposits. Among the assets are an apartment in Nairobi valued at Sh6.5 million, a house in Busia valued at Sh11.2 million and land in Naivasha valued at Sh3.5 million.

The court was informed that Mr Kanani acquired four high-end motor vehicles – Toyota Land Cruiser V8, Mercedes Benz E300, Mercedes Benz E350 and Toyota Alphard – in a span of five years.

The EACC further claimed that Mr Kanani is a co-director of a popular club, the 1824, on Lang’ata Road.

The commission also claimed that the public officer was previously convicted of a corruption offence involving soliciting bribes while performing the same duties with the defunct City Council of Nairobi.

Investigations into his five bank accounts revealed that he received cumulative deposits of Sh506 million between January 2016 and October 31, 2022.

While declining to lift the order, Justice Sifuna said the official has a choice of rationalising his lifestyle as the assets being targeted are no longer the subject of free property and he is holding them in trust on behalf of the public.