Even after the Ethics and Anti-Corruption Commission (EACC) filed a Notice of Appeal at the Appellate Court that overturned the High Court Judgement that allowed Wilson Nahashon Kanani, not to forfeit to the state his Kes643.2M assets, which the EACC had declared unexplained wealth, it has been revealed that Mr. Kanani is still working at the City Hall and continues to earn monthly dues.
His stay in office has led to public outcry as calls for his resignation mount.
According to a city advocate, Kanani ought to have stepped aside until his fraud case is heard and determined.
“Normally, Mr. Kanani should have stepped aside to allow his corruption case to be heard and determined. It is so funny that the man continues holding his office in City Hall despite his case, which is of public interest.
The case involves assets worth hundreds of millions, an amount grossly disproportionate to his Sh55,000 monthly salary,” the advocate said.
The EACC had initially requested the court to order forfeiture to the government of the said assets for allegedly being proceeds of corruption.
In its submissions, EACC had earlier informed the High Court that its investigations unearthed massive wealth to the tune of Kes 1,054,917,466.01 linked to Kanani through bank accounts and companies under his name, spouse, and associates, and when it issued a statutory notice requiring them to explain the wealth, they were ONLY able to satisfactorily explain 407,146,589.04, leaving out Kes 643,213,688.12 unexplained, which, under the prevailing law and judicial precedents, constitutes proceeds of corruption liable to forfeiture to the state.
Before the appellate court overturned Justice
Nixon Sifuna’s verdict on the matter.
EACC had filed a notice of appeal, stating that it was dissatisfied with the judgment and decree of the High Court (Sifuna J). The commission then proceeded and asked the Court of Appeal to set aside the earlier decision.
Justice Nixon Sifuna’s judgment was earlier strongly opposed by the EACC, and while speaking on the phone on the matter while in Istanbul, EACC Spokesperson Eric Ngumbi said the commission considered the judgment a step backwards in the fight against corruption and that allowing it to stand would set a bad judicial precedent, making it easier for corrupt public officials to use their offices as avenues for illicit enrichment and primitive accumulation to the detriment of the public, then go scot-free to enjoy the loot.
