In a landmark anti-corruption ruling, the Ethics and Anti-Corruption Commission (EACC) has successfully secured orders from the High Court to seize assets worth KSh 91,202,892 from former Machakos County Executive Committee (CEC) member Urbanus Wambua Musyoka.
The court determined that the assets were obtained through corrupt practices during his tenure in the county government between January 2014 and July 2021.
Details of the Seized Assets
The seized assets consist of a high-value residential property and a substantial amount of cash. Specifically:
Property: A residential building located on parcel number L.R No. Kibauni/Kamuthwa/168, valued at KSh 80,251,815.
Bank Cash: A total of KSh 10,951,077 held across two accounts, one with Co-operative Bank (Account No. 01116005777600) and the other with Equity Bank (Account No. 0670191770235).
The decision, delivered by Justice P.J. Otieno on Monday, closes one of two cases the EACC has against Musyoka. The Commission is pursuing recovery of assets totaling over KSh 540 million, asserting these as proceeds of corruption or unexplained wealth.
The EACC’s investigation into Musyoka’s assets uncovered a sophisticated scheme involving fraudulently awarded tenders.
Musyoka, who once held the role of CEC for Agriculture, Food Security, and Cooperative Development, and served as Chairperson of the County Tender Committee, was allegedly instrumental in directing lucrative contracts to companies associated with his family and close associates. Key findings include:
- Company Connections: Musyoka allegedly awarded contracts to companies owned by his wife Fiona Muthoki Mutisya, his brother Antony Mbindyo Musyoka, and other close allies. These companies—Wafih International Limited, Wisdom Holdings Limited, Kikoto General Merchants, and Wemmar Enterprises—were paid a total of KSh 457,047,214.80 by the Machakos County Government.
- Funds Control: Despite these companies being registered under different names, the EACC investigation found that Musyoka acted as the sole signatory on the bank accounts, effectively controlling the funds.
- Tax Evasion: The investigation also revealed that these companies did not remit taxes to the Kenya Revenue Authority (KRA), accruing unpaid taxes amounting to KSh 181,722,145.
Following these findings, Musyoka and his alleged accomplices were arrested in November 2023 and charged in the Machakos Anti-Corruption Court.
They face multiple charges, including conflict of interest, unlawful acquisition of public property, failure to follow procurement laws, fraudulent procurement practices, and falsifying documents. Musyoka and the others have denied the charges, and the case remains ongoing.