Former Machakos County Executive Committee Member, Urbanus Wambua, has moved to the Court of Appeal to challenge a High Court ruling that allowed the Ethics and Anti-Corruption Commission (EACC) to seize part of his Ksh91 million in alleged unexplained wealth.
Pending the outcome of the appeal, the High Court has temporarily barred the EACC from confiscating Wambua’s assets, provided he deposits Ksh80.2 million as security.
Justice Benjamin Musyoki ordered Wambua to place the amount in an interest-earning joint bank account managed by both him and the EACC. Additionally, the court directed that Ksh10.9 million, currently held in his Co-operative Bank and Equity Bank accounts, remain untouched.
The court has also instructed Wambua, his five associates, and their four trading companies to deposit the security amount within 90 days.
According to court documents, the EACC is pursuing Wambua’s assets, which he allegedly amassed by awarding county tenders to companies linked to his family and close associates.
If Wambua and his associates fail to deposit the security, the temporary orders preventing EACC from seizing the assets will automatically expire, allowing the anti-graft agency to proceed with confiscation.
Justice Benjamin Musyoki emphasized that the security deposit ensures a successful litigant is not denied the benefits of a favorable ruling.
“The main point of consideration in ordering provision of security is that the court should not suspend the successful party’s enjoyment of the fruits of its litigation without giving it the comfort of a safe and smooth haven should the appeal not succeed,” the judge ruled.
Wealth Forfeiture Ruling
Wambua, who served under former Governor Alfred Mutua between January 2014 and July 2021, also chaired the Standing Tender Committee, a role that gave him significant influence over county procurement.
In a judgment dated October 28, 2024, the High Court ordered Wambua to forfeit key assets to the EACC, including:
- A Ksh80.2 million house in Kibauni/Kamuthwa
- Ksh10.9 million in cash held in Co-operative Bank and Equity Bank
Justice Patrick Otieno ruled that Wambua failed to provide a satisfactory explanation regarding the source of his wealth. The court determined that tenders awarded to companies linked to him raised serious conflict of interest concerns.
“Mr. Wambua, having admitted that the companies are ultimately owned by him, and the fact that his companies were awarded tenders only and specifically during his tenure, in itself raises reasonable suspicion that he had a hand, using his office, to have the tenders so awarded,” the judge stated.
The court placed the burden of proof on Wambua to justify the legitimacy of his house and bank deposits, a challenge he now hopes to overcome through his appeal.
