A former Trans Nzoia County principal finance officer who amassed about Sh300 million wealth in five years will not be able to enjoy his questionable riches after Justice John Onyiego stopped him from operating his accounts or dealing with his assets.
“An injunction is hereby issued stopping the respondent(Andrew Biketi Musuya), his servants or agents from withdrawing, transferring, wasting or in any way dealing with the funds at his two accounts at Equity Bank and two others at Co-operative Bank,” ruled Onyiego.
According to the Ethics and Anti-Corruption Commission (EACC), Musuya’s accounts at Equity Bank transacted a total of Sh223 million while the ones at Co-operative Bank had Sh45.5 million.
The Court also barred the suspect from selling or transferring several prime pieces of land in Mombasa, Kilifi, Mtwapa and Bungoma, which the EACC claims he bought using money embezzled from the county government.
Justice Onyiego additionally ordered Musuya and his wife Salome Waleghwa to surrender three top-of-the-range cars – Toyota Prado, A Toyota Harrier and a Toyota saloon- valued at over Sh10 million.
“Should they fail to surrender the vehicles and their logbooks within seven days, the EACC will be at liberty to seize, tow and detain the motor vehicles for purposes of preservation within the nearest police station,” Onyiengo ruled.
The court also stopped the former accountant from accessing Sh3.5 million he allegedly deposited in the account of Sachdeva and Nabhan Advocates to purchase some property on his behalf.
EACC is seeking to recover the money through an application which details how Musuya exploited his official position to engage in corrupt conduct and acquired unexplained wealth that was not commensurate with his known legitimate sources of income between January 2013 and October 2018.
With a reported salary of just Sh100,000 per month, Musuya has assets estimated to be worth Sh284 million.
“His cumulative salary cannot justify the total value of his assets estimated to be worth Sh284 million comprising of land worth Sh226 million, cash deposits totalling Sh45 million, M-Pesa transactions worth Sh8 million and vehicles worth Sh9.7 million,” said EACC in court documents.
The anti-graft commission further states that Musuya also constructed a multi-million shillings storied building in Mtwapa, Kilifi County, bought a plot in Kwamonzo village, three high-end fuel guzzler vehicles and opened a petrol station in Mukuyu town from the time he was employed in November 2014.
EACC lawyer, Rosslyne Murugu, submitted that their investigations revealed a chain of secret deals involving Mr Musuya, his wife Waleghwa and a private consultant named Isaiah Walubengo.
According to EACC, the accountant registered a company called Mukuyu Petroleum Dealers, which he used to deposit large sums of money on a daily basis.
“We had reasonable suspicion that considering his salary, the large and frequent deposits in his accounts and that of his business were disproportionate to his legitimate known sources of income,” said Ms Murugu.
The commission said they were also investigating how the suspect allegedly used his wife’s accounts to channel other proceeds of corruption estimated to be worth Sh150 million.
But Musuya claimed he made his millions through legitimate businesses including a night club in Kapenguria town where he made Sh200,000 per week, personal loans, earnings from maize farming, consultancy work and his petroleum dealership.
His wife also claimed she contributed to the empire through Sh40,000 salary, boda boda business and sale of beans.