Former Kenya Ports Authority (KPA) managing director James Mulewa is seeking the suspension of an order to pay the State Sh74.6 million for unexplained assets.
Mr Mulewa wants the execution of the judgment that ordered the payment stayed, pending the hearing and determination of an appeal against it. He argues that he was not given an opportunity to show the court that the assets in question were not acquired as a result of a corrupt conduct.
In a High Court application, Mr Mulewa says that after the evidence of the Ethics and Anti-Corruption Commission, the court did not rule that “it was satisfied that it had proved a case that required his rebuttal”.
“Failing to make a finding that a prima facie case had been established, the court failed to make a finding that the first defendant (Mr Mulewa) was required by such testimony to satisfy the court that the assets were acquired otherwise than as a result of corrupt conduct,” said Mr Mulewa.
He adds that the judgment was made “in error of procedure” and his right to fair trial was infringed since he was not given an opportunity to rebut EACC’s case.
He further says that the court erroneously rushed into making a final judgment under Section 55 (5) of the Anti-Corruption and Economic Crimes Act without exhausting the procedural requirements under the Act.
The former managing director says he is ready to pay the Sh74 million should the court hold that there is no merit in the appeal.
Mr Mulewa says he is ready to give as personal security his land valued at Sh200,812,200. “If the orders of this court stand, I will suffer irreparably since I may not be eligible to hold any public office not to mention immense losses,” said Mr Mulewa.
He is also seeking for extension of time for filing the Notice of Appeal and the one which has been filed be “deemed as duly filed.”
In September, Justice Eric Ogola ordered the former MD to pay the government Sh63.6 million being cumulative bank deposits he made between August 31, 2008 and May 20, 2010.
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