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Court orders seizure of Ksh 91M in assets from former Machakos CEC

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The Ethics and Anti-Corruption Commission (EACC) has secured High Court orders to seize unexplained assets worth Ksh 91,202,892 belonging to former Machakos County Executive Committee Member Urbanus Wambua Musyoka.

The court determined that these assets were acquired through corrupt practices during his tenure in the County Government from January 2014 to July 2021.

The assets include a residential building on L.R. No. Kibauni/Kamuthwa/168, valued at Ksh 80,251,815, and Ksh 10,951,077 in cash found in Musyoka’s Co-operative Bank Account No. 01116005777600 and Equity Bank Account No. 0670191770235.

The judgment, delivered by Justice P.J. Otieno on Monday, concludes one of two recovery suits aimed at Musyoka’s unexplained wealth and proceeds of corruption, which total over Ksh 540 million.

A second ongoing recovery suit, valued at over Ksh 450 million, remains before the High Court.

The EACC took legal action after Musyoka, who served as the CEC for Agriculture, Food Security, and Cooperative Development, failed to justify the significant disparity between his listed assets and his legitimate sources of income.

Investigations revealed the following:
1. From January 2014 to July 2021, Musyoka received benefits from fraudulent tenders awarded to companies owned by his wife, Fiona Muthoki Mutisya, his brother, Antony Mbindyo Musyoka, and close associates, totalling Ksh 457,047,214.80.

The implicated companies include Wafih International Limited, Wisdom Holdings Limited, Kikoto General Merchants, and Wemmar Enterprises.

2. Musyoka was the beneficial owner of the funds paid by the Machakos County Government to these companies, operating their bank accounts as a sole signatory.

3. The four companies failed to pay taxes to the Kenya Revenue Authority (KRA), resulting in a total unpaid tax liability of Ksh 181,722,145.

Musyoka and his co-accused were arrested in November 2023 and charged with conflict of interest, unlawful acquisition of public property, and other procurement-related offences at the Machakos Anti-Corruption Court.

They have pleaded not guilty, and the case is ongoing.

The EACC notes that they remain committed to prosecuting graft suspects and recovering any unexplained wealth or proceeds of corruption acquired through betrayal of public trust.