The High Court has ordered the preservation of more than Sh62 million seized in cash from a businessman said to be a kin to former Treasury CS Ukur Yatani, last month.
The court was informed that the 4,600 pieces of dollars in 100 denominations were seized from the residence of Ibrae Doko Yatani on April 24, 2024, the same day the Ethics and Anti-Corruption Commission (EACC) carried out concurrent raids at Mr Doko and Mr Yatani’s homes.
According to the EACC, the money is suspected to have been irregularly paid to Mr Doko’s company, Al Habib Enterprises, by Marsabit County.
“The originating motion is allowed as I am satisfied that there are reasonable grounds laid for the preservation of the funds,” said Justice Esther Maina.
The anti-corruption body informed the court that there was reasonable suspicion that the huge amounts of cash in foreign currency kept in a house were proceeds of corruption or unexplained wealth.
Through lawyer Jackie Kibogy, the anti-graft agency added that there was a possibility that Mr Ibrae was engaged in money laundering and it was, therefore, necessary for the commission to investigate the source of the money.
She told the court that the EACC was investigating allegations of embezzlement of public funds, procurement irregularities and irregular award of tenders by the Marsabit County for the financial years 2013-2024.
After obtaining a search warrant, investigators moved to Mr Doko’s business and residential premises for the purposes of retrieving information, electronic devices and documents that would aid in the investigations.
The search was executed on April 24 when several items including the 4,600 pieces of dollars, equivalent to Sh62.1 million were retrieved from the residence.
Ms Kibogy told the court that during the period of interest, Mr Doko, through his company called Al Habib Enterprises, was paid a total of Sh71.8 million from the county government.
The anti-graft body said it was apprehensive that the businessman might demand for the unconditional release, surrender or access of the money if an order of preservation was not issued.
“EACC is reasonably apprehensive that, unless this Honourable Court issues orders aforesaid, the Respondent shall dispose of or transfer all or part of the property in order to frustrate any subsequent proceedings that may ensue after the investigation,” Ms Kibogy submitted.
The commission is currently investigating the former Treasury CS over allegations of embezzlement of public funds amounting to Sh1.2 billion, during his tenure as the Marsabit governor.
Mr Yatani challenged the process alleging that he was being subjected to unreasonable and unjustified harassment and humiliation resulting from injudicious and illegal search warrants.
The court, however, declined to stop the probe but certified his case as urgent.
