The High Court has extended orders freezing five bank accounts of companies alleged to belong to Kiambu governor Kimani Wamatangi and his relatives, over suspicion that he acquired over Sh813 million corruptly while he served as a senator.
The court extended the order issued last year, after closing the initial file that sought to preserve the funds, pending the conclusion of investigations.
Ethics and Anti-Corruption Commission (EACC) indicated that it had completed investigations into the matter and planned to proceed with the petition seeking the recovery and forfeiture of the money to the State.
The freeze order was extended to April 2, when the petition will be mentioned before the presiding judge of the anti-corruption division of the High Court.
EACC alleges that Mr Wamatangi abused his position in the Senate standing committee and engaged in fraudulent activities through misrepresentation of facts in order to influence procurement processes.
The accounts frozen have been registered under King Group Company Ltd, King Realtors Ltd, King Construction Company Ltd, Quick Fix Auto Garage ltd and Lub Plus Oil and Energy Company Ltd. They are allegedly associated with Mr Wamatangi, his spouse and siblings.
The anti-graft agency said the firms were awarded tenders to the tune of Sh813 million while Mr Wamatangi served as the Kiambu senator and a member of the Senate committee on Roads, Transportation and Housing between 2017 and 2022.
“Investigations established that during the period that the 1st respondent (Mr Wamatangi) served as a member of the Committee, he unlawfully, through the companies associated with him entered into contracts with the entities that were directly under his supervision and oversight vide the Committee on roads and transport,” the EACC said.
The anti-graft body alleged that Mr Wamatangi concealed his interest in private contracts despite purportedly relinquishing directorship of the firms to his close family members and proxies.
Court documents said he remained a signatory to the bank accounts of the companies and actively transacted on the said bank accounts, thereby a beneficial owner of the companies.
The court papers stated the companies got contracts from Kenya Rural Roads Authority (KeRRA), totaling 86.6 million and another Sh726 million from Kenya Urban Roads Authority (Kura) and Kenya National Highways Authority (KeNHA).
The commission further said the private contracts were illegal and unlawful, having been entered into in conflict of interest, in abuse of trust and office and the payments are therefore illegal and ought to be paid back to the government.
“It is suspected that the inward remittance proceeds paid into respondents’ accounts constitute indirect benefits conferred to himself by virtue of the office he holds, arising out of contracts founded on unlawfulness and illegality as a result of conflict of interest and abuse of trust,” EACC said.
EACC said it was apprehensive that the funds in the bank accounts might be withdrawn or transferred, amid the ongoing investigations, before investigations are completed and recovery proceedings are commenced.
Last year, Mr Wamatangi obtained a court order blocking his arrest after the anti-graft agency got court orders to investigate his bank accounts.
The Kiambu county boss accused EACC of engaging in a fishing expedition and was using the investigation powers to harass him.
He said while the account freezing action was directed at the five companies, the said parties are merely collateral damage, as the anti-graft body wants to harass any person associated with him.
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