A former county government official and his wife have 14 days to file responses in a case in which they are accused of embezzling funds.
High Court judge Hedwig Ong’undi directed that the matter be mentioned on February 11 for further directions.
This after the accused, Stephen Osiro and Caroline Obwa, said they needed more time to file their responses as their expected witnesses have not recorded statements.
Investigations by the the Ethics and Anti-Corruption Commission established that the couple had acquired unexplained assets worth Sh318,637,338.60 and $110,375 between January 2011 and April 2016.
In November last year, Ong’undi restrained Osiro and his wife from transferring or selling properties believed to be proceeds of crime.
The order, according to the judge, would not affect the accused’s Toyota Prado registered in his wife’s name. The reason is that the landed properties are sufficient to cover claims the EACC has in case of a decree in its favour.
“This court must consider relevant evidence to determine which properties are of interest to the EACC and which ones are not,” she said.
The orders were issued after the EACC filed a case seeking a permanent injunction against Osiro and Obwa restraining them from selling, alienating, charging, transferring or disposing of the 19 properties in Kisumu, Muhoroni and Nairobi.
It is alleged the two had used Sh116 million to buy apartments and land in Kisumu and Muhoroni.
Unexplained assets
Osiro was working as a treasurer at the Kisumu Municipal and Nairobi City County, respectively, putting him in a position of influence. It is claimed by the EACC that as a result of this position, he acquired assets which are unexplained.
The commission says it was not possible for Osiro to amass the Sh340 million fortune in cash and property in a span of five years with his modest salary of Sh90,000 a month.
Separately, two other former Nairobi county officials have filed an application seeking to have their criminal case stopped.
John Githua and Grace Njeri were last year charged with defrauding the county government of more than Sh200 million.
Githua and Njeri are the directors of Ngurumani Traders Ltd and Lodwar Wholesalers Ltd. They have been jointly charged in their own capacity and as directors of the two companies.
Their application will be heard today.