A Nairobi court has upheld its decision to maintain the freeze on Sh21 million held in a bank account, despite the account holder's assertion that the funds were earmarked for his dowry payment.
The substantial sum, owned by a Nairobi-based accountant who works for the Kenya Rural Roads Authority (KeRRA), had been subject to freezing following a court order obtained by the Ethics and Anti-Corruption Commission (EACC). The EACC had expressed concerns that the money might be tied to corrupt activities, including money laundering.
The government employee found himself suspended from his position in conjunction with the freezing of his accounts.
High Court Judge Justice Nixon Sifuna, who presided over the case, firmly denied the request to unfreeze Daniel Wambua's three bank accounts. He deemed the application to be misconceived and without merit.
Wambua, represented by lawyer Danstan Omari, had sought the court's intervention to lift the freezing orders imposed by the EACC on his three bank accounts, asserting that the funds had been acquired through legitimate means and were intended for his wife's dowry payment.
Justice Sifuna, however, dismissed Wambua's plea, stating that "after evaluating the submissions and arguments from all parties, it is prudent to keep the funds in the three bank accounts frozen."
The freeze had been instituted in August 2023.
The judge clarified that Wambua could access the funds once the EACC investigations either cleared him of wrongdoing or the court determined that the funds were not tainted.
Wambua's lawyer revealed that one of the frozen accounts held Sh5 million, designated as a fixed account, while another served as his salary account, containing Sh264,707. The third account held Sh15.1 million.
Wambua contended that he had accumulated these deposits through a series of fundraiser events specifically intended to enhance contributions for the dowry payment.
The court determined that the freeze would remain temporary, pending the conclusion of the anti-corruption body's investigations.
Justice Sifuna elaborated that Wambua's affidavit indicated that unforeseen events had interfered with his ability to make the dowry payment on time. He cited an accident that occurred after the dowry ceremony, further complicated by the freezing of his accounts.
The EACC, however, opposed the release of the funds, arguing that there was reasonable suspicion the money was derived from corrupt conduct by the KeRRA accountant.
The anti-corruption body contended that Wambua had made deposits totaling Sh1.78 million within three months, which surpassed his annual salary of Sh56,000. Additionally, they disclosed that Sh700,000 in cash was discovered during a search at Wambua's residence. Half a million shillings had been concealed in his bedroom, and Sh200,000 had been secured in a safe, retrieved and opened with a key provided by Wambua.
EACC refuted Wambua's claims that a portion of the funds came from farming activities, asserting that he lacked records of sales, payments, and income tax returns typical of a legitimate agricultural business.
A budget presented in court detailed Wambua's planned expenditure of Sh20.2 million for a two-day ceremony, which encompassed a dowry payment of Sh8.9 million, as well as other expenses like food, tents, chairs, photography, transport, and security.
EACC argued that deposits ranging from Sh300,000 to Sh600,000 were made each month by an individual identified as James Kivuva, suspected to be a proxy. Kivuva reportedly deposited a total of Sh1.9 million, which was subsequently transferred to various accounts.
The EACC maintained that there was reasonable suspicion that the substantial sums in the respondent's accounts were acquired through misuse of office, bribes, or misappropriation of public funds through his position.