UNFREEZE KIAMBA ACCOUNT COURT ORDERS EACC..

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FREEZING ACCOUNT CASE RULING-LAWYER PHILIP NYACHOTI (2)(1)
Kiamba’s lawyer Philip Nyachoti leaves Milimani law courts after court ordered the unfreezing of more than Sh400 million in assets belonging to a suspended Nairobi government official ON Friday 25 June, 2015.
BY SAM ALFAN.
A judge on Thursaday ordered the unfreezing of more than Sh400 million in assets belonging to a suspended Nairobi government official.
Justice Mbogholi Msagah lifted the order blocking the accounts of suspended City Hall chief finance officer Jimmy Kiamba.
The Ethics and Anti-Corruption Commission had obtained orders freezing Kiamba’s accounts as they investigate him over alleged graft.
“Suspicion alone is not evidence that the money was ill-gotten,” Msangah said.
“There is no justification to extend the orders by another six months.”
EACC lawyer David Ruto immediately sought to appeal against the decision.
Kiamba had pleaded not guilty to any corrupt dealings. He is out on Sh2 million bails.
The frozen assets include four apartments in Kilimani, a town house in Kileleshwa two maisonettes in South C.
Kiamba also owns six cars and eight plots in Muthaiga, Mavoko and Machakos.
Apart from local accounts at CFC Stanbic Harambee Avenue, he had foreign accounts with transactions of more than Sh400 million between January and November 2014.
One CFC Stanbic account had Sh10.3 million and the second Sh4.1 million when they were frozen.
During the hearing last week, Ruto said EACC suspect Kiamba enriched himself with public money.
He said since investigations are still going on, the court should continue granting them an order to freeze the accounts.
The first order was granted last November 11.
However, Kiamba’s lawyer Philip Nyachoti opposed the extension.
He said since the first order was granted, his client has not been served. Nyachoti said the EACC is malicious as the suit is meant to “crucify” Kiamba in the belief he acquired the property fraudulently.
The lawyer said the property was acquired through hard work and registered under Jimise Limited and his wife Tracy Musau.
Suspended Nairobi County Chief Finance Officer James Kiamba, whose accounts were frozen over alleged corruption, has objected to the extension of orders blocking him from accessing his millions.
Mr Kiamba said the Ethics and Anti-Corruption Commission (EACC) had not given any evidence linking him to fraud.
The commission, however, said the assets had been preserved in the national interest because there were still doubts over the way the millions of shillings and other assets were acquired.
The commission said it was important to ascertain that there were no corrupt deals involved in acquiring the wealth.
The anti-corruption agency’s lawyer, David Ruto, said Kiamba cannot claim to be starving when he enjoys rental income that he collects.

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