The EACC has moved to the high court in Mombasa seeking to recover Sh78.1 million from a former Kenya Ports Authority employee.
The Ethics and Anti-Corruption Commission claims, Antony Muhanji, acquired the money from KPA through a fraudulent tender.
The commission said the tender was illegally awarded to Muhanji’s private company— Mukitek Investment Limited, to undertake excavation and concrete works at KPA.
EACC said Muhanji engaged in conflict of interest contrary to Section 42 (1) Anti-Corruption and Economic Crimes Act, No 3 of 2003 and Section 66 of Public Procurement and Asset Disposal Act (PPADA), 2015.
The anti-graft body filed the suit on November 22.
In the suit, the Commission wants the high court to declare the Sh78.1 million as proceeds of crime and issue reinstitution orders compelling Muhanji and his company to pay the amount to the government.
The anti-graft agency wants a “declaration that the Sh78,161,858.45 paid by the Kenya Ports Authority to Mukitek Investment Limited was fraudulent and illegal, and, therefore, constitutes proceeds of crime liable to recovery by EACC.”
It also wants an order for forfeiture and restitution of Sh78,161,858.45 directed to Antony Muhanji, Mukitek Investment and their associates.
The commission further wants the court to issues an order that Sh52,191,704.45 already frozen by the Commission, together with interest thereon be forfeited to the government and released forthwith to EACC.
The anti-graft agency went to court pursuant to section 53 (3) of the Anti-Corruption and Economic Crimes Act, No 3 of 2003, which vests in EACC the mandate to institute recovery proceedings against any person who does anything that constitutes corruption or economic crime.
