A manager at Kenya Rural Roads Authority (KeRRA) has accused the anti-graft agency of hiding his documents that prove he genuinely acquired his properties worth Sh1.1 billion.
Benson Muteti Masila, in his application, wants the court to compel the Ethics and Anti-Corruption Commission (EACC) to produce the documents, claiming the agency confiscated and refused to produce them, to mislead the court that his assets were acquired through corruption.
“All the documents they have refused to produce will show I did not acquire any money through corruption and will conclusively answer their allegations that I irregularly acquired my wealth,” said Masila.
He claims the documents are key to his defence since they prove that he did not use his position as KeRRA regional manager for the coast region, to amass the wealth the commission wants him to forfeit to the state.
Among the documents are contract papers between KeRRA and road contractors, payment certificates of projects he oversaw, bills of expenditure incurred by KeRRA and letters of no complaints from the employer.
“The documents will show that the alleged financial improprieties and allegations of embezzlement of public funds were not captured in any audit report. They show that all projects where I served as a resident engineer were audited and proved to be clean,” he swore.
Masila filed the application in the suit where EACC wants him to forfeit properties allegedly acquired through corruption and proceeds of crime.
The commission alleged that Masila illegally received kickbacks from roads’ contractors in addition to retaining payments supposed to be remitted to staff working under him as the resident engineer for various projects contracted by KeRRA.
EACC claims that road’s engineer, his wife and the companies accumulated assets in properties, bank and mobile money deposits, motor vehicles, listed shares and insurance policies totalling to Sh1.19 billion.
High Court Judge Esther Maina last year froze Musila’s assets, those registered under his wife Zipporah Mwongeli’s name, their two companies, three schools and other properties spread across Nairobi, Machakos, Makueni and Kilifi counties pending determination of the suit by EACC.
Among Masila’s frozen properties are two apartment blocks in Kariobangi, one apartment block in Dandora, three apartments in Mathare, six plots in Wote town, and two plots in Athi River all valued at Sh237 million.
His wife Mwongeli has in her name an apartment in Imara Daima estate and other properties worth Sh100 million registered in the names of their schools, Mumbe Junior Academy and Mumbe Girls High School.