EACC war with treasury deputy director sees him barred from collecting rental income

Milimani Law Courts

The Anti-Corruption Court has barred the Treasury deputy director external resources from collecting or receiving monthly rental income and dealing with money in three bank accounts.

Justice Esther Maina barred Charles Muia Mutiso from demanding, collecting or receiving monthly rental income pending hearing and determination of the case filed by the Ethics and Anti-Corruption Commission.

The judge found that EACC demonstrated that it has a prima facie case and that it shall suffer irreparable loss which cannot be compensated by an award of damages but that balance of convenience tilts in its favor.

“The court found that the balance of convenience tilts in favor of the Plaintiff (EACC) which will be inconvenienced if the order sought are not granted.,” ruled Justice Maina.

The EACC is investigating allegations that the money and assets owned by the deputy director are proceeds of crime.

The money in question is held at Absa Bank, Cooperative Bank and KCB bank.

However, the court allowed EACC to appoint a receiver for the collection of the monthly rental income, management, control and possession of property known as LR No. Matungulu Sengani/3503 (6 units of two bedrooms) under the provisions of section 56A of the Anti-corruption and Economic Crimes Act.

The court further restrained Mutiso, his agents, servants or any other persons from selling, charging or further charging, leasing, developing, sub-dividing or transferring or in other way dealing with two pieces of land located in Matungulu valued at Sh 11.5 million and a motor vehicle.

“An order of injunction is hereby issued restraining Charles Mutiso, his agent and servants from transferring, disposing, wasting or in any other way dealing with motor vehicle Toyota vanguard KCH 393M,” ordered the court.

Mutiso was also ordered to “surrender the logbook of the said motor vehicle to the EACC within seven days failure to which the commission shall be at liberty to seize, tow and detain the motor vehicle for purposes of preservation,” the judge ruled.

However, Mutiso filed a petition at the High Court seeking to be allowed to access and deal with his five parcels of land in Nairobi and Machakos counties.

According to Mutiso, he can account for how he acquired his wealth during his employment in the public service.

He claims that the monies in the bank and the properties were not obtained through corrupt conduct or illegitimately, as alleged by the EACC.

I have been a Deputy Director at the National Treasury and Planning since 2002, having been employed in the Public Service in 1993,” argues Mutiso.