EACC Recovers KSh207.7 Million in Assets From Former Trans Nzoia Accountant

The High Court ordered the forfeiture of properties, vehicles and financial assets after finding that Andrew Biketi Musuya had failed to adequately explain the source of his wealth.

The Ethics and Anti-Corruption Commission (EACC) has secured a court order allowing the government to recover assets valued at KSh207.7 million from former Trans Nzoia County Government accountant Andrew Biketi Musuya over unexplained wealth.

In its judgment, the High Court, presided over by Justice Rose Ougo, found that Musuya had not satisfactorily accounted for the difference between the assets he accumulated and his known legitimate sources of income.

The forfeiture order covers properties in Mombasa, Kilifi and Bungoma counties, funds held in bank and mobile money accounts, and motor vehicles acquired during the period under investigation.

Apartments and vehicles among assets forfeited

Among the properties affected by the ruling are two five-storey apartment blocks and a five-bedroom townhouse in Mtwapa, Mombasa County. The assets also include undeveloped parcels of land.

The court further ordered the forfeiture of a Toyota saloon car and a Toyota Harrier registered in Musuya’s wife’s name.

According to the court’s findings, Musuya’s funds had been used to purchase the Harrier despite the vehicle being registered under his wife’s name. The court consequently included it in the forfeiture orders.

Photo: EACC — A five-storey apartment building in Mtwapa reportedly recovered through the proceedings.

Court rejects explanations for wealth

EACC investigations established that Musuya accumulated substantial assets between January 2013 and October 2018.

During this period, he worked as an accountant at the Ministry of Public Health and Sanitation before later serving as a principal accountant in the Trans Nzoia County Government.

During the court proceedings, Musuya cited several sources of income to explain his wealth, including proceeds from a club, maize farming, loans, consultancy work and rental properties.

However, Justice Ougo found that the explanations did not adequately account for the assets under investigation.

The court rejected the argument that income from the club was sufficient to explain the wealth, noting that the figures presented represented gross sales rather than net income.

The court also found that the money Musuya allegedly earned from maize farming had not been traced to the purchase of the assets in question.

His explanations concerning loans and consultancy earnings were similarly found insufficient. The court noted that he had not adequately established the loans or demonstrated that he had personally received the money claimed from consultancy transactions.

EACC sought recovery of KSh284.1 million

The commission had sought to recover assets worth KSh284.1 million from the former accountant.

However, the court ordered the forfeiture of assets valued at KSh207.7 million, an amount KSh76.4 million below the value sought by EACC.

The ruling allows the government to recover the assets covered by the court’s forfeiture orders.

The case highlights the legal process through which the anti-corruption commission can pursue the recovery of assets where individuals are unable to satisfactorily account for their acquisition, subject to the applicable law and judicial findings.

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