The Excessive Courtroom has ordered Warranty Financial institution Kenya Ltd to launch Sh19.7 million held in two accounts belonging to former Kenya Ports Authority (KPA) managing director James Mulewa to the Ethics and Anti-Corruption Fee (EACC).
Justice Eric Ogola issued the directive following an software by the financial institution in search of a court docket order to launch the cash saying it didn’t want to be caught up in execution proceedings since its relation with Mr Mulewa was a ‘bank-customer’ relationship.
The court docket heard that regardless of quite a few calls for from the EACC, the lender was unable to launch the cash and not using a court docket order.
“The applicant not needs to be in a state of tension and wishes to have the funds launched to court docket in order that the court docket could take care of it because it considers match to do,” famous Justice Ogola.
However in his ruling, the decide mentioned it could be improper to order the financial institution to deposit the cash in court docket but the proprietor (EACC) had been decided in a judgement delivered in 2017 which had not been overturned or its execution suspended.
In September 2017, the Excessive Courtroom ordered Mr Mulewa to pay the federal government Sh74.6 million for unexplained belongings obtained throughout his time as a public official.
The previous KPA boss was ordered to pay the federal government Sh63.6 million being cumulative financial institution deposits he made between August 31, 2008 and Could 20, 2010. He was additional directed to pay the State Sh11 million being the worth of a vacant parcel of land in Nyali, Mombasa and a four-bedroom maisonette at Bandari villas.