Court of Appeal orders ex-Nairobi finance officer to forfeit property

The couple appealed an Anti-Corruption Court decision delivered in July 2016. [iStockphoto]

The Court of Appeal has dealt a blow to former Nairobi Finance Executive Jimmy Kiamba and his wife after it ordered them to surrender assets and money.

Court of Appeal judges Imaana Laibuta, Ali-Aroni and John Mativo in a judgment delivered on Friday last week ordered Kiamba, his wife Tracy Musau, Jimbise Limited and Muthaiga Green Acres Limited to forfeit over Sh113 million to the government.

The couple and the two companies had appealed an Anti-Corruption Court decision delivered in July 2016.

In the initial suit by the Ethics and Anti-Corruption Commission (EACC), Kiamba had been ordered to forfeit Sh282,648,604 and a further Sh35 million being the historical value of property L.R. No. 7785/605.

The case facing the couple arose out of investigations by EACC, upon receipt of information that Kiamba was suspected of receiving cash exceeding his known income through his bank accounts.

The commission proceeded to obtain various orders that would enable it to investigate his activities to establish whether he was engaged in corrupt dealings or conduct.

EACC also investigated Kiamba’s wife and companies they owned jointly.

As a result of the investigations, EACC suspected that the couple had ‘unexplained assets’.

It claimed that the couple was receiving huge amounts of money and made huge interbank transfers.

The couple, on the other hand, said that their sources of income were known.

Kiamba claimed he had been engaging in large-scale farming of wheat and livestock since 2006, had two hotels in Mombasa and Machakos, engaged in water and quarry business in Machakos, and had rental income from properties jointly owned with his wife.

His wife claimed that she received rental income of Sh250,000 from Skyrock apartment monthly, Sh1 million monthly from her interior design company and Sh200,000 a month from her beauty parlour.

At the end of the trial, the court found that it had been established on a balance of probabilities that cash deposits said to have been from the businesses and amounting to Sh317,648,604 were ‘unexplained assets’.

Following the above findings, the trial court ruled that the assets be forfeited to the government. Aggrieved by the judgment Kiamba appealed. EACC was aggrieved by part of the judgment and filed a Cross-Appeal dated January 21, 2020.

The Court of Appeal in its ruling noted that in 2009 the declared salary and rent received by Kiamba was Sh1,690,000 and he had a loan of Sh750,000. The judges questioned how the couple could acquire several high-end properties between 2009 and 2013.