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The Ethics and Anti-Corruption Commission (EACC) has obtained orders from the court to seize unexplained assets worth Sh91, 202,892 belonging to former Machakos County Executive Committee (CEC) Member Urbanus Wambua Musyoka.
Milimani High Court Judge Patrick Otieno issued the orders after establishing that the assets were allegedly acquired through corruption, conflict of interest, and fraudulent dealings when the official served in the County Government between January 2014 and July 2021.
The said assets consist of a residential building valued at Sh80, 251,815 and Sh10, 951,077 being cash transacted through Musyoka’s two bank accounts.
Welcoming the ruling, EACC, through its spokesperson Eric Ngumbi, on Wednesday revealed that the completed case is one of two recovery suits where the Commission is pursuing a cumulative total of Sh548, 250,106 in unexplained wealth and proceeds of corruption from the former CEC member.
The second recovery suit pending before the High Court seeks a total of Sh457,047,214.80, that Musyoka is alleged to have received in fraudulent tender payments made by the county government to companies owned by his relatives and proxies.
EACC moved to court after the former official allegedly failed to satisfactorily explain the disproportion between the listed assets and his known legitimate source of income pursuant to section 26 and 55 (2) of the Anti-corruption and Economics Crimes Act.
The Commission undertook investigations and established that during the period of interest, being January 2014 to July 2021, Musyoka allegedly benefited from fraudulent tenders awarded to four companies which received a total of Sh457, 047,214.80, being proceeds of crime.
EACC also found that Musyoka was the beneficial owner of the monies paid by Machakos County Government to the companies as he operated the bank accounts as a sole signatory.
The investigations unearthed that the four companies did not pay taxes to the Kenya Revenue Authority and as such, they owed a total sum of Sh181, 722,145 as unpaid taxes.
EACC said on October 14, 2021, issued Statutory Notices to Urbanus Musyoka and the companies requiring them to explain the amounts received and transacted in his personal accounts, by the companies associated with him, and the construction cost of the development on the property valued at Sh 80,251,815.
On November 3, 2021, the Commission received a response from Musyoka and upon analysis, it discovered that he was in possession of unexplained wealth liable to forfeiture to the state being proceeds of corruption.
The Commission went ahead and filed two civil suits before the High Court, one for unexplained wealth and another for proceeds of corruption.
Further, the Commission recommended the prosecution of Musyoka and his associates.
They were arrested in November 2023 and arraigned before Machakos Anti-Corruption Court where they denied charges of conflict of interest, unlawful acquisition of public property, willful failure to comply with laws relating to procurement, fraudulent practice in procurement and uttering false documents.
The case is ongoing.
