EACC Files Suit to Recover Sh78.1M From KPA Staff

The Ethics and Anti-Corruption Commission (EACC) has filed a suit seeking to recover Sh78.1 million from a former Kenya Ports Authority employee.

In the suit filed before Mombasa high court civil division, the anti-graft body has been enlisted as the petitioner against Antony Muhanji who is suspected to have acquired the money through fraudulent tender deals.

According to the commission’s affidavit filed in court  the tender was illegally awarded to Muhanji’s private company Mukitek Investment Limited, to undertake excavation and concrete works at KPA.

The affidavit further reveals that the respondent engaged in conflict of interest contrary to Section 42 (1) Anti-Corruption and Economic Crimes Act, No 3 of 2003 and Section 66 of Public Procurement and Asset Disposal Act (PPADA), 2015.

The Commission  further wants the high court to declare the Sh78.1 million as proceeds of crime and issue restitution orders compelling Muhanji and his company to pay the amount to the government.

“A declaration that the Sh78 million paid by the ports authority to Mukitek Investment Limited was fraudulent and illegal, and, therefore, constitutes proceeds of crime liable to recovery by EACC,” reads part of the commission application.

The commission further sought for orders to have Sh52,191,704.45 frozen by the Commission, together with interest thereon be forfeited to the government and released forthwith to EACC.

The anti-graft agency went to court pursuant to section 53(3) of the Anti-Corruption and Economic Crimes Act, No 3 of 2003, which vests in EACC the mandate to institute recovery proceedings against any person who does anything that constitutes economic crime.

Muhanji is yet to respond to the application; he was allowed 14 days to file his replying affidavit.