Court declines to unfreeze accounts in Sh700m Wamatangi probe

When Kiambu Governor Kimani Wamatangi appeared before the Senate CPAC committee at the Bunge Towers, Nairobi, on July 29, 2024. [File, Standard] A court in Nairobi has declined to unfreeze accounts of a company linked to Kiambu Governor Kimani Wamatangi in relation to a Sh700 million investigation battle with the Ethics and Anti-Corruption Commission (EACC). In his ruling, Milimani Chief Magistrate Harrison Barasa dismissed the company's application to freeze its account. Barasa said that allowing King Group Limited to join the case and unfreezing the company's account at Family Bank would amount to usurping the powers of the High Court which issued the orders. "As regards the prayer to allow the Interested Party to access the account herein, this court was informed that the orders freezing the said account was issued by the High Court. If I issue the orders as prayed, I will be lifting the orders of a superior court, powers that this court does not possess. That is an issue that can be pursued before the court that issued the said freezing orders," ruled Barasa. In the case, EACC told the court that it was probing Wamatangi over Sh700 million alleged graft. It argued that it wanted to establish if Wamatangi had links with King Group,Lub Plus Oil and Energy Co. Ltd, Quick Fix Auto Garage Ltd, King Construction Co. Limited and King Realtors Ltd, who allegedly traded with the Kenya Urban Roads Authority (KURA), Kenya Rural Roads Authority (KeRRA) and Kenya National Highways Authority (KeNHA). According to the anti-graft body, this was when Wamatangi was sitting as a member of the parliamentary committee on roads and transport. This committee, EACC argued, gave oversight to the three agencies. "There were allegations of procurement irregularities and irregular payments that were made to the above companies by various agencies which led to the loss of public funds of Sh700 million between 2017 and 2022," EACC's investigator Catherine Ngari claimed. The commission alleged that bank account forms obtained from the companies under probe indicated there were links to the governor. "The bank account forms have been obtained from the banks, and they have revealed that although the Governor is a signatory to the bank accounts of all the above companies under investigation," claimed Ngari. In its application, King Group's lawyer Duncan Okatch argued that the orders issued by the court freezing its account at Family Bank was based on speculations and vague references. He argued that Wamatangi has no relationship with King Group. According to him, his client was being crucified for another man's alleged sins. Okatch also said it was unclear what procurement irregularities the King Group had committed to warrant a probe. He urged the lower court to unfreeze the accounts and also allow him to question Ms Ngari over her allegations in court. While supporting the application, King Group director Joseph Mwaura said EACC was linking his company with Wamatangi without evidence or documentation. He said that he has never been summoned or asked to provide any information. Kimani asserted that the company has never received any public funds or participated in any public procurement process. "No transaction, document, or contract has been presented by the applicant to show how my company is linked to the alleged embezzlement or corruption. The unjustified interference with the said account is severely affecting my company's contractual obligations and placing it at risk of civil liability and reputational damage. Inclusion of my company's account in the Applicant's application was done in bad faith, maliciously and without laying a proper factual foundation," he said. In a further reply, Ngari said that the orders of the lower court were clear that EACC could access and look into the account during the probe. However, she stated that High Court Anti-Corruption Court Judge Lucy Njuguna froze five bank accounts in relation to the companies under investigation. According to her, the commission has acted within its powers and within the law in applying and executing the court orders.

Court declines to unfreeze accounts in Sh700m Wamatangi probe

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