Ruling on ex-KPA chief assets case postponed

Former KPA boss James Mulewa in court. FILE PHOTO | NMG
Former KPA boss James Mulewa in court. FILE PHOTO | NMG  

The ruling on a case in which the national graft agency is seeking to have former Kenya Ports Authority MD James Mulewa’s “unexplained assets” worth Sh80.6 million forfeited to the State will be delivered in September.

Justice Eric Ogola was to deliver his decision on Thursday but he told the parties that the judgement was not ready.

He said the ruling will be made on September 18.

The Ethics and Anti Corruption Commission (EACC), which has sued the former managing director, is seeking to have Mr Mulewa compelled to pay Sh63.6 million, being cumulative banks deposits he made between August 31 2008 and May 20 2010.

The EACC is also seeking to have Mr Mulewa forfeit Sh17 million, being the value of “landed properties” which the agency says constitute unexplained assets.

In its submissions, through lawyer Phillip Kagucia, EACC told Justice Ogola that it is “irrelevant that Mr Mulewa was acquitted of corruption charges”.

Mr Kagucia further argued that the acquittal of Mr Mulewa in the criminal case strengthens the need for civil forfeiture.

“There may not have been enough evidence to convict on a criminal case, (but) it does not mean you don’t have to seek civil forfeiture,” said Mr Kagucia.