EACC to Appeal After City Hall Worker Wins Right to Keep KSh 643 Million

(Nairobi) – The Ethics and Anti-Corruption Commission (EACC) has filed an appeal to overturn a High Court decision allowing a junior City Hall employee to retain assets worth Sh643 million. The EACC had initially sought for the forfeiture of these assets, alleging they were acquired through corrupt practices.

In its notice to the Court of Appeal, the commission expressed dissatisfaction with the ruling made on November 7, 2024, by Justice Nixon Sifuna. The EACC spokesperson, Eric Ngumbi, described the decision as a setback in the ongoing fight against corruption, warning that allowing it to stand could undermine efforts to recover stolen public assets.

The assets in question belong to Wilson Nashon Kanani, a City Hall employee, and his wife. The court recently lifted an order freezing their assets and five bank accounts, ruling that the couple had provided satisfactory explanations for how they acquired their wealth. Justice Sifuna found no evidence of corruption and dismissed the argument that the couple’s wealth was disproportionate to their earnings. The judge noted that investments could lead to significant asset accumulation, even for public officers with modest salaries.

Despite the court’s ruling, the EACC argued that Kanani abused his position by channeling revenue meant for the Nairobi County government into personal accounts held by his and his wife’s private companies. The commission cited various assets, including a Sh6.5 million flat in Nairobi, a Sh11.2 million house in Busia, and land in Naivasha worth Sh3.5 million. Additionally, Kanani reportedly acquired high-end vehicles, including a Toyota Land Cruiser V8, a Mercedes Benz E300, and a Toyota Alphard, over a five-year period. Investigations also revealed deposits amounting to Sh506 million in his bank accounts from 2016 to 2022, which the EACC deemed unaccounted for given his official salary.

Justice Sifuna, however, disagreed with the EACC’s argument that Kanani’s earnings were too low to justify the assets, asserting that prudent investments could lead to substantial wealth accumulation.