Two construction companies implicated in the Sh357 million corruption scandal at Nairobi County government during the tenure of former governor Mike Sonko have failed in their bid to unfreeze their bank accounts and to get back nine motor vehicles.
The companies, Hardy Enterprises Limited and Toddy Civil Engineering Company Limited, wanted the court of appeal to set aside the High Court’s decision to dismiss their request for review of the orders that froze their Sh277 million in various banks.
They are owned by Mr Anthony Mwaura Ng’ang’a, the former chairman of the National Elections Board of DP William Ruto-led United Democratic Alliance party.
While urging the Court of Appeal to overturn the High Court’s ruling dated July 10, 2020, Mr Ng’ang’a said that some of the seized motor vehicles are not proceeds of payments received from the city county government.
Experiencing hardships
Together with his co-director Rose Njeri, the businessman said that they continue to experience hardships due to the preservation orders issued by Justice Mumbi Ngugi (now a judge of the Court of Appeal) following a forfeiture suit filed by the Asset Recovery Agency.
They said the orders have made it impossible for them to provide for their needs and to perform tenders of national interest, some of which are donor funded.
But the appellate court dismissed the appeal, saying there was no room to interfere with findings of the High Court and that the trial judge properly addressed her mind to the provisions of sections 82 and 89 of the Proceeds of Crime and Anti-Money Laundering Act.
“In the event the appellants believe the orders were misplaced, or that they are causing hardship as stated, the best avenue is for them to submit to the hearing of the forfeiture application so that a decision may be made appropriately,” said justices Asike Makhandia, Jamila Mohammed and Mbogholi Msagha.
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