The Ethics and Anti-Corruption Commission (EACC) suffered a major setback after the High Court on Thursday rejected its plea to seize Sh643.2 million worth of assets belonging to Nairobi County official Nashon Wilson Kanani and his wife, Regina Munyina Mutinda.
The ruling was delivered by Justice Nixon Sifuna at the Milimani Anti-Corruption High Court.
Justice Sifuna ruled that the EACC had failed to provide sufficient evidence to prove that Kanani was involved in corrupt activities or that his wealth was derived from illegal means.
The assets in question, which were valued at over Sh100 million, along with funds held in 12 bank accounts, were not found to have been acquired through corruption, the judge concluded.
Kanani, a junior officer in the Nairobi City County Government, had been accused by the EACC of using his position to influence the award of tenders and contracts to companies linked to him and his family.
The Commission argued that Kanani, who earned a monthly salary of Sh55,000, had transferred Sh506 million through his and his family’s bank accounts between 2016 and 2022, raising questions about the source of his wealth.
Despite these accusations, Justice Sifuna found Kanani’s explanation for his wealth to beF satisfactory, noting that he had denied acquiring the assets through kickbacks or bribes.
“I find the explanation given by Kanani that he did not acquire the assets through kickbacks or bribes to be satisfactory,” the judge ruled.
Among the assets under investigations were several high-value properties, including a plot in Kitengela worth Sh15 million, an apartment in Syokimau valued at Sh12 million, a plot in Athi River worth Sh9 million, and another in Machakos worth Sh8 million.
Kanani also owned four vehicles valued at Sh11.5 million and a popular nightclub, 1824, located along Langata Road in Nairobi.
The EACC had sought to forfeit these assets, arguing they were the proceeds of corruption.
However, Justice Sifuna dismissed this claim, stating that the evidence presented by the Commission was insufficient to establish a direct link between Kanani’s wealth and corrupt practices.
The judge also ruled in favor of Kanani’s wife, Regina Munyina Mutinda, stating that there was no evidence of wrongdoing on her part.
Justice Sifuna emphasized that it would be unjust to hold her responsible simply because she was married to Kanani.
“Crucifying a spouse merely for being a person’s spouse without any wrongdoing on her part is rather ridiculous, oppressive, and needless,” he said, adding, “Each spouse should answer for their own sins.”
In relation to the companies involved, including Bridge Side Farm, Willy Walla International Limited, and Regineez Enterprises Ltd, Justice Sifuna clarified that it was lawful for companies to compete for tenders, even if they were linked to individuals like Kanani.
He stressed that income from tendered companies and their directors should not be victimized without evidence of corruption.
“Income from those tendered companies and their directors should not be victimized,” the judge stated.
In his judgement, Justice Sifuna dismissed the entire suit filed by the EACC, finding that Kanani and his wife had provided satisfactory explanations for how their assets were acquired.
He concluded, “There is no wrong justification why they should be forfeited.”
The judge also ordered the lifting of the freezing orders on the multi-million assets and bank accounts belonging to Kanani, his wife, children, and associated companies, allowing the family to regain control over their wealth.
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