Court rules in favour of anti-corruption watchdog in graft case

The Court of Appeal has overturned a ruling that had blocked the Ethics and Anti-Corruption Commission from pursuing former National Water Conservation and Pipeline Corporation (NW&PC) financial controller over alleged corrupt dealings.

The anti-graft watchdog had moved to the High Court to compel Stanley Mombo Amuti to pay the State Sh140 million being bank deposits he had accumulated through alleged fraudulent means and a further Sh32 million being the value of unexplained assets he held. The anti-corruption agency claimed he had acquired the monies within nine months.

EACC lost the case as the High Court ruled that it had not given Amuti a fair chance to be heard on how he had acquired the monies and the properties thus sparking an appeal before Justices Martha Koome, Hannah Okwengu and Festus Azangalala.

The three Appellate Court judges disagreed with the lower court’s findings noting that the evidence was never considered when the verdict was made.

“Did the originating summons offend the respondent’s (Amuti) fundamental rights to a fair trial or to ownership of his property? In our own assessment of the matters that were before the trial court, and with tremendous respect to the learned judge, the evidence that was before the judge was not given any consideration.”

“Declaring the appellant’s ( EACC) suit null and void summarily on assumption that the respondent was going to be denied his right to property, before considering the evidence that was before the Judge, did not give the appellant its day in court,” the judges ruled. The investigators from the anti-corruption watchdog found that the former financial controller had Sh 3.9 million in cash in his house, a further Sh310,000 in cash and two cheques worth more than Sh18 million.

Further investigations regarding the bank accounts revealed that he had accumulated Sh140 million between September 2007 and June 2008 in two accounts one in Barclays Bank and another in a foreign bank — National West Minister Bank, PLC London.

Interestingly he earned a net monthly salary of Sh180, 031. The judges held that the decision rendered in 2011 had failed to consider that EACC had a mandate to prove its allegations of abuse of office and Amuti’s response that he obtained the money through clean deals. There were also allegations by EACC that Amuti failed to make a correct declaration of income, assets and liabilities as provided for under Public Officer Ethics Act 2003.

The judges directed that the case should be referred back to the High Court for trial and determination.