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Ex-KPA MD James Mulewa wants suspension of order to pay State Sh74m

james mulewa

Former Kenya Ports Authority managing director James Mulewa (left) in a Mombasa court. FILE PHOTO | NMG

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.

READ: Victory for EACC as ex-KPA boss ordered to pay State Sh74.6m

He argues he was not given an opportunity to satisfy the court that the assets in question were not acquired as a result of a corrupt conduct.

In a High Court application, he argues 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.

Made in error

Mr Mulewa says 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 said 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 MD said he is ready to pay the Sh74 million should the court hold that there is no merit in the appeal.

According to Mr Mulewa, he is ready to give as personal security his parcel of land valued at Sh200,812,200.

“If the orders of this court stand, I will suffer irreparably since I may not be legible to hold any public office not to mention the execution of the same may suffer immense losses and the intended appeal rendered nugatory,” said Mr Mulewa.

READ: Former MD ‘lives on hand-outs’ after losing job

'Notice of appeal'

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.

The judge further directed Mr Mulewa to pay the government Sh11 million being the value of a vacant parcel of land in Nyali, Mombasa and a four-bedroom maissonette at Bandari Villas.

“Being that these assets (the plot and maisonette) are unexplained, the value should be paid to the Government of Kenya as required by Section 55 (6) of the Anti-Corruption and Economic Crimes Act,” said Justice Ogola.

The judge noted that it was evident that Mr Mulewa was afforded a reasonable opportunity to explain the disproportion between the (suit) assets and his legitimate sources of income as required by Section 55(b) of the Anti-Corruption and Economic Crimes Act.

Unexplained assets

Through lawyer Philip Kagucia, EACC argued that upon completion of its investigations, it found that Mr Mulewa had unexplained assets and consequently issued as statutory notice requiring him to explain how he acquired the assets.

EACC has been given 14 days to respond to the application by Mr Mulewa which has been fixed for hearing on December 13.