EACC fights ex-City Hall finance chief’s bid to free seized Sh317 million

The Ethics and Anti-Corruption Commission has maintained that it is in the interest of justice that Sh317 million belonging to Mr Jimmy Kiamba be confiscated because the former chief finance officer at City Hall could not explain how he made it.

High Court Judge Hedwig Ong’udi had ordered the money and property be forfeited to the government, but Mr Kiamba has since appealed the decision, arguing that the EACC violated his rights when it investigated his accounts without notifying him.

He wants the appellate court to reverse the finding and release the money to him.

But in a reply filed before the Court of Appeal, EACC through lawyer Philip Kagucia said the search warrants were lawfully issued and the case therefore had no chance of success.

EACC said it obtained bank statements for all 11 accounts held by Mr Kiamba and compared the amounts deposited against his salary. The commission noted huge inter-account transfers.

The money and assets, which were to be taken over by the government include Sh21.97 million revenue Mr Kiamba claimed he got from sale of cattle, Sh17.09 million he argued was from sale of wheat, Sh12.48 million from sale of maize and Sh228.1 million he said was from transport and quarry services.

The High Court had also directed that Sh35 million land and a further Sh3 million he got from a law firm be confiscated by the government as it constituted unexplained assets.

In the appeal, Mr Kiamba argued that the judge who heard the case demonstrated bias throughout the hearing as she disallowed almost all his applications but allowed those by EACC.

He also claimed the judge allowed EACC to introduce new evidence in the middle of the trial and helped the anti-graft body prosecute its case.

Justices Mohamed Warsame, Asike Makhandia and Otieno Odek directed the parties to appear in court on January 20 for fixing of a hearing date.