Court thwarts Nairobi County employee’s bid to access suit property in a forfeiture case
04:07:2024: A High Court has affirmed interim orders granted in ACEC OS E022 of 2023, EACC Vs Wilson Nahashon Kanani in September 2023 prohibiting the Nairobi City County Government employee from dealing with properties in the forfeiture suit.
The Notice of Motion application dated 12th September 2023 was heard inter partes before Hon. Justice Prof. Nixon Sifuna who delivered his ruling yesterday, confirming the interim orders.
Agreeing in his ruling with the orders of Lady Justice E.N Maina of 13th September 2023, Justice Sifuna further directed that the case should be fast tracked and that parties should canvass the suit by way of written submissions.
The properties in question include motor vehicles and Kes48 million currently held in his bank accounts, which will be held in abeyance pending the hearing and determination of the main suit filed by the Ethics and Anti-Corruption Commission (EACC). The suit seeks to have the public officer forfeit to the Government of Kenya Kes643.2 million being assets whose sources he was unable to explain to the Commission.
The said case was filed by EACC at the High Court following an investigation into an allegation that Mr. Kanani, a public officer employed as a Development Control Officer II at Urban Planning Department of Nairobi City County Government, earning a monthly gross salary of Kes88,530 and a net of Kes55, 866 had accumulated assets whose value was above his known legitimate sources of income.
Investigations further established that Mr. Kanani is a co-director of Seventeen Forty-Nine Limited, trading as 1824, a popular bar and night club along Langata road Nairobi.
His duties as a Development Control Officer II include regulation of outdoor advertisement, monitoring and surveillance of all outdoor advertisement and calling advertisers to comply with approvals and payments for advertisements.
Mr. Kanani was found to have abused the position of trust he is occupying at the Nairobi City County Government by receiving revenue meant for the Nairobi City County Government through bank accounts held by his private companies and spouse.
His bank statements revealed that there were companies that were crediting huge sums of monies into his bank accounts and those of companies associated with him. The companies paying into his bank accounts included Live ad Limited, Firm Bridge Limited, Ikon prints Media Limited, Parrot Concepts Limited, De-signtech Enterprises Limited Media-max Network Limited.
A total of Kes55 million, it was established, had been paid to his private company, Willy Walla Limited, by Parrot Concepts Limited and Kes23.9 million by Media max Network Limited during the five-year period under investigation.
His other assets include four high-end motor vehicles: Toyota Land cruiser V8, Mercedes Benz E 300, Mercedes Benz E350 and Toyota Alphard, all acquired in a span of only five years. Also acquired during the same period are an apartment in Nairobi valued at Kes6.5 million, a house in Busia County valued at Kes11.2 million, and land in Naivasha valued at Kes3.5 million.
Investigations also established that the public officer was previously convicted of a corruption offence involving soliciting for bribes while performing the same duties with the defunct City Council of Nairobi.
