The above properties are alleged to have been purchased or acquired using funds corruptly acquired from the County Government of Vihiga. EACC alleges that its investigations established that the County Government of Vihiga was defrauded of a sum of Ksh. 13,989,450 through fictitious contracts that were awarded un-competitively and in blatant disregard of the provisions of the Public Procurement and Disposal Act, 2005, and the Public Procurement and Disposal Regulations, 2006
The Ethics and Anti-Corruption Commission has successfully moved to the Anti-Corruption and Economic Crimes Court in Nairobi where they were granted orders to stop the sale of two apartments in Nairobi believed to have been acquired using proceeds of corruption by a staff of Vihiga County Government.
Through a Notice of Motion dated June 26, 2023, EACC sought a temporary injunction pending the hearing and determination of the main suit restraining the county employees from having any dealings in apartment No. SPG/03/02/t31/246 Tulip Court 3 on LR No. 28223/33 Fourways Junction in Nairobi and a property named Apartment No. 7, Residential Tower B, Nextgen Park on LR No. 209/18648, Mombasa Road.
The above properties are alleged to have been purchased or acquired using funds corruptly acquired from the County Government of Vihiga. EACC alleges that its investigations established that the County Government of Vihiga was defrauded of a sum of Ksh. 13,989,450 through fictitious contracts that were awarded un-competitively and in blatant disregard of the provisions of the Public Procurement and Disposal Act, 2005, and the Public Procurement and Disposal Regulations, 2006.
EACC claimed that Nathaniel Manyeve and Elizabeth Masidza illegally benefited to the tune of Ksh. 13,989,450 from fraudulent contracts awarded to Boyse Ventures Ltd, contrary to Section 33 of the Public Procurement and Disposal Act 2005, which prohibits employees from entering into procurement contracts with the county. EACC named the following Vihiga County employees who were involved in the scam: Wilberforce Ndula, Emma Mulongo, Beatrice Alosa, Johnson, and Ernest Ambaka. Others are Victor Aywah Keyo, Peter Vulimu Ejimba, Beatrice Makungu, and Joseph Maloba Chitechi.
It is claimed that the above-named employees of the County Government of Vihiga blatantly abused positions of trust and fiduciary duty owed to the public by using their offices to improperly enrich Michael Manyeve, Joseph Maloba Chitechi, Antonia Muyoka Sungura, Elizabeth Masidza, and Boyse Ventures.
However, Nathaniel Manyeve vehemently opposed it, claiming that the property in his name was acquired through funds that were legally obtained and that he, along with his spouse Emma Mulongo. The county staff, in their defence, claimed that they served as low-level officers at the county government, and at no point in the course of their employment were they involved in the processing of payments.
In a ruling dated September 28, 2023, by Judge M.N. Maina, the judge noted “On the merits, it is my finding that the plaintiff has demonstrated that it has reasonable grounds to believe that the impugned apartments may have been acquired through the proceeds of corruption”.
The ruling reads “That, pending the hearing and determination of this suit the 3rd Defendant by herself, her agents, servants and/or employees or any other person interested in the suit property herein shall be and are hereby restrained from alienating, selling, charging, further charging, leasing, transferring, wasting, disposing or in any other manner dealing with Apartment No. SPG/03/P2/T31/246 Tulip Court 3 erected on LR NO. 28223/33 Fourways Junction Nairobi other than by way of surrender to the Government of Kenya”.
The second order reads “ THAT pending the hearing and determination of this suit the 1st Defendant by himself, his agents, servants and/or employees or any other person interested in the suit property herein shall be and are hereby restrained from alienating, selling, charging, further charging, leasing, transferring, wasting, disposing or in any other manner dealing with Apartment No. 7, Residential Tower B, Nextgen Park situated on L.R. No. 209/18648, Mombasa Road other than by way of surrender to the Government of Kenya.
