JUDGEMENT

Blow to ex-KPA director as court upholds forfeiture order

The Court of Appeal further ruled that EACC proceed to seize Sh52,530,407.40.

In Summary

• The amount was a cumulative deposit made to his bank accounts between August 3 and May 20, 2010.

• He was also ordered to pay Sh11,000,000, worth of immovable property, including two parcels of land.

ESCAPE:
Image: FILE:

The Court of Appeal in Mombasa has dismissed an application by the former Managing Director of the Kenya Ports Authority (KPA) James Mwathethe Mulewa.

Mwathethe was seeking to stop the execution of a High Court Judgement in which he had been ordered to forfeit his assets to the state, after being found to have accumulated unexplained wealth.

"We according find no merit in the Notice of Motion dated March 14 2019, which is hereby dismissed with no order as to the costs," Justices Gatembu Kairu, Mbogholi Msagha and P Nyamweya ruled.

The Court of Appeal further ruled that EACC proceed to seize Sh52,530,407.40.

The Anti-Corruption body had already recovered Sh22,153,386.60.

In the judgement delivered on September 18 2017, Mwathethe was ordered to pay Sh63,683,794 to the state.

The amount was a cumulative deposit made to his bank accounts between August 3 and May 20, 2010.

He was also ordered to pay Sh11,000,000 worth of immovable property, which including two parcels of land.

The lands were registered as; Parcel of land No. MN/1/13483 and Parcel of land No. MN/1/15351.

"The Defendant to also pay Sh683,861 being cumulative interest of bank deposits, costs of the suit to the Plaintiff," the Court ruled.

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