Kiamba’s lawyer Philip Nyachoti engaging with Lawyer Benson Kyeli for Ethics and Anti-Corruption Commission before Justice Mbogholi Msagahin court room at Milimani law courts on Monday 6 July, 2015.
BY SAM ALFAN.
High Court has adjourned the hearing of the application filed by Ethics and Anti-Corruption Commission seeking to vacate orders made on 8 June that directed the unfreezing of more than Sh400 million in assets belonging to a suspended Nairobi government official.
This is after Kiamba’s lawyer Philip Nyachoti told the court he needed time to respond to the issues raised on the EACC application that’s seeking the court to quash the orders issued on the favor of his client,
Lawyer Benson Kyeli of Ethics and Anti-Corruption Commission objected to Nyachoti application for adjournment saying issues raised were matter of facts that doesn’t need to respond.
EACC through a certificate of urgency filed through their lawyer Benson Wambua Kyeli claims orders issued y the court has made it impossible for the commission to execute it mandate under section 11(1)(j) of the Ethics and Anti-Corruption Commission Act,2011.
“It could not have been the intention of the court to stop and legal proceedings against the respondents, even when the same are sanctioned by law” says EACC in their court documents.
EACC has attached supporting from a forensic investigator by the name James Kamau Kariuki,
“The following receipt of information that the respondent has assets suspected to have been obtained through corrupt conduct” states the affidavit by EACC forensic investigator.
It further state he commenced investigations which revealed Mr Kiamba has unexplained property.
Justice Mbogholi Msagah directed Kiamba’s lawyer Philip Nyachoti to file his response within three days from today and EACC to file their response three days after service.
A judge on Thursday last week 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.
They were directed to appear in court on 20 of July for the highlighting their submissions .