Govt Confiscates Ex-Officials 4 Apartments, 5 Cars & 9 Parcels of Land

[MajorProphet]

@His Excellency

A former government official at the Ministry of Treasury lost four apartments, multi-million shillings stashed in bank accounts, five high-end cars, a residential home, nine parcels of land and four apartments in Nairobi. The High Court ordered the government to seize Patrick Ochieno’s property.
Ochieno was a former chief accountant at the Treasury who was accused of receiving a portion of the Ksh70 billion tenders in the Anglo-Leasing scandal.
The accused worked as chief accountant at the then Ministry of Finance (now Treasury) between 2003 and 2007 before moving to the Ministry of Agriculture.
Justice Mumbi Ngugi ruled that the accused and his associates failed to convince the court to suspend the government from seizing the estate.
Among those listed as his accomplices in the case and accused of benefiting from the tenders were his firm’s associates, wife and children.
The judge also declared that the former accountant could not explain how he acquired his wealth.

have considered the averments and submissions of the applicants and I find that they have not demonstrated that they will suffer substantial losses if the orders sought are not granted.
“I am constrained to find that the assets, the subject of this, are unexplained assets” the judge ruled.
The Ethics and Anti Corruption Commission (EACC) argued that the property was acquired illegally and that Ochieno’s salary was not equivalent to his assets. Court papers detailed that he was on a monthly salary of Ksh54,000.
By 2008, he was alleged to have acquired properties worth over Ksh80 million reportedly registered in his kins names.
Ochieno argued that he purchased the apartments and lands between 1999 and 2000 from his salary and allowances and also purchased his house on a government scheme.
Others were acquired from proceeds of his businesses in the hospitality sector and loans from banks. This was the first seizure of property in the Anglo Leasing scandal with EACC and Assets Recovery Agency (ARA) terming it a milestone in the case.

What they’re seizing is just a drop in the ocean compared to the grand corruption we have in this country.

[Makamuzi]

@Bingwa Scrotum

The question I always ask: what, where and when exactly was stolen from the government

The court only needs to find that your tax remittances vs. the property you own do not match. For example, if your total tax remittance amounts to 20,000 KShs, you would need divine intervention to convince the court that you somehow had the money to buy some prime property in Upperhill. Beyond that, there is no need to prove what you stole, where it was stolen, or when it was stolen.

[Wanaruona]

@Gitonga

I think this ruling is really bad.
The EACC hasn’t proved that the assets were acquired illegally, the court just decided that they were “unexplained”
If you have any plans of getting rich in Kenya and keeping the KRA out of your business you shouldn’t be celebrating this seizure.
At this rate I foresee guys making money here and investing in other countries = capital flight
Anyways maoni yangu

The court of appeal upheld justice mumbi ngugi ruling that any wealth that cannot be accounted is a proceed of crime and must be forfeited to the state. It set a precedence. Hii ruling ndio inafinya wakora mbaya mbovu.

[johnpombe]

Some earn 1m but donate to churches 10m every week. kenya ni inchi ya ajabu.

[patco]

@MajorProphet

What they’re seizing is just a drop in the ocean compared to the grand corruption we have in this country.

To play devils advocate is it corruption or wealth distribution from tight fisted govt hands?

Walikataa na industries zote. Youthman akiweka radio statio au power generation anakujiwa. Shida iko wapi akiingia KPLC na acheze kama yeye?

[munduism]

@Gitonga

I think this ruling is really bad.
The EACC hasn’t proved that the assets were acquired illegally, the court just decided that they were “unexplained”
If you have any plans of getting rich in Kenya and keeping the KRA out of your business you shouldn’t be celebrating this seizure.
At this rate I foresee guys making money here and investing in other countries = capital flight
Anyways maoni yangu

hapa the law is very clear.
Kitambo it was upon the investigating agency (EACC for example) to prove that the property or cash was acquired irregularly. However some years ago a judgement was made that the onnus to explain acquisition of assets solely lies with the owner of the said assets. Ukishindwa kusema ulitoa asset wapi then the assumption is that the assets was acquired fraudently.

This is why siku hizi there are numerous cases of guys losing their assets.

[Lonely_Lover]

Nothings changed…from patrick ochieno to another corruption barons portfolio…mnafikiria ni justice na kumbe ni settling scores and wealth redistribution among the elite…you think these dont rob each other?

[Ubongo]

Mumbi Ngugi…is a gem

[uwesmake]

Judge Mumbis security must be increased , cartel’s are bitter

[uwesmake]

@Ubongo

Mumbi Ngugi…is a gem

i thought Mumbi had been elevated to the COA

[Bingwa_Scrotum]

Within one year this flawed thinking that one must explain how he got his boxer …then say he stole from you …yet you cannot say when and how you lost your boxer will be changed.

Just a year

[The_real_voice]

I had an uncle who used to be an accountant in the government only to be used to sign off cheques. Ile mbio alikimbizwa after kurukwa ilibidi ajiingize Siberia.

[Gitonga]

@munduism

hapa the law is very clear.
Kitambo it was upon the investigating agency (EACC for example) to prove that the property or cash was acquired irregularly. However some years ago a judgement was made that the onnus to explain acquisition of assets solely lies with the owner of the said assets. Ukishindwa kusema ulitoa asset wapi then the assumption is that the assets was acquired fraudently.

This is why siku hizi there are numerous cases of guys losing their assets.

Guilty until proven innocent? Doesn’t seem lawful but okay

[Wanaruona]

@Gitonga

Guilty until proven innocent? Doesn’t seem lawful but okay

Kama iko mali ya wizi uko nayo. Anza kutafuna pole pole kabla mkono sirikali haija nyakuwa.

[Dunya]

@Bingwa Scrotum

Within one year this flawed thinking that one must explain how he got his boxer …then say he stole from you …yet you cannot say when and how you lost your boxer will be changed.

Just a year

Jinga kama umeiba ya uma inakujiwa anza kujipanga

[Babagay]

@Gitonga

I think this ruling is really bad.
The EACC hasn’t proved that the assets were acquired illegally, the court just decided that they were “unexplained”
If you have any plans of getting rich in Kenya and keeping the KRA out of your business you shouldn’t be celebrating this seizure.
At this rate I foresee guys making money here and investing in other countries = capital flight
Anyways maoni yangu

I dont wish be personal, If woud mama wakili wigs should come out and eelay our fairs and knowlegde. And the way forward.

[Baby_Panay]

Angeficha mali akaange kama peasant.

[IsMundu]

@Makamuzi

The court only needs to find that your tax remittances vs. the property you own do not match. For example, if your total tax remittance amounts to 20,000 KShs, you would need divine intervention to convince the court that you somehow had the money to buy some prime property in Upperhill. Beyond that, there is no need to prove what you stole, where it was stolen, or when it was stolen.

Nailed it!!

[ochithunder]

A

@munduism

hapa the law is very clear.
Kitambo it was upon the investigating agency (EACC for example) to prove that the property or cash was acquired irregularly. However some years ago a judgement was made that the onnus to explain acquisition of assets solely lies with the owner of the said assets. Ukishindwa kusema ulitoa asset wapi then the assumption is that the assets was acquired fraudently.

This is why siku hizi there are numerous cases of guys losing their assets.

And this generally applies to civil servants so kuibia sirikali is getting dicey. The law is meant to protect public wealth.

[ochithunder]

@Gitonga

Guilty until proven innocent? Doesn’t seem lawful but okay

Remember innocence must be proven by the accused. If you have no defense you will be in a bad place. Circumstantial evidence, the evidence being your unexplained wealth. Remember the accuser (here being govt, also the custodian of the law that governs you, and the builder of the prison that will take care of you, and the payer of the police who have arrested you, and the payer of your judges salary, infact the one who has granted you citizenship:)) is saying you used to work for govt, 8-5, but now you are competing with govt wealthwise. Govt says what they pay you cant be the source of your wealth unless you stole from them. And if you did not steal we have no problem, name one business you do. Just show us how you made your wealth beyond the salary and at what hours you used to work this hard :) Crazy but true.