A court has extended by one month freeze orders on assets worth Sh1.2 billion belonging to an assistant director in the Ministry of Lands. Justice Esther Maina yesterday extended the orders issued in June by a further 30 days ahead of the hearing of the forfeiture suit filed by the Ethics and Anti-Corruption Commission (EACC) against Mr Nicholas Owino Ochiel.
In the asset recovery suit, Mr Ochiel was sued alongside his wife Terry Violet Muthoni Maina, his brother Richard Omondi and their two trading companies – Ternic Valuers Limited and Ternic Enterprises Limited.
The judge set the hearing of the suit for October 24, 2022 and directed the parties to file their pleadings.
Houses, land, cars
The interim freeze order means the government official cannot access the assets that include houses, land and motor vehicles. The order also stops the couple from disposing of their vehicles valued at Sh10.5 million and a piece of land in Nairobi.
The EACC is seeking to recover 17 properties in Nairobi, Kisumu, Siaya and Kajiado counties. The properties registered in Mr Ochiel’s name include a house in Karen worth Sh80 million, an undeveloped land in Parklands, Nairobi, worth Sh100 million, and a commercial building in Ugunja town, Siaya County, valued at Sh190 million.
Photo credit: Pool
Those belonging to his wife include an apartment block in Thome Estate, Nairobi, valued at Sh130 million, a five-bedroom house in Mirema Estate, Nairobi, worth Sh23 million, a five-acre land in Kisumu and half an acre in Nairobi.
Photo credit: Pool
Photo credit: Pool
In the suit, the EACC claims Mr Ochiel amassed the wealth through corrupt schemes and that he used his wife and his brother to receive, hold and conceal funds acquired as a result of corrupt conduct.
The anti-corruption watchdog said he acquired the questionable wealth between January 2003 and November 2018.
According to the EACC, during the said period, Mr Ochiel’s cumulative legitimate income, including his salary and allowances from the ministry, could not have exceeded Sh6.3 million. The rest, the agency claimed, constitutes unexplained wealth.
The properties the EACC wants the couple to forfeit to the state include the Karen residence, Ternic Court Apartments and Thome Estate and the undeveloped plot along Parklands Road in Nairobi.
Also on the EACC radar is the commercial Building along the Kisumu-Busia Road, four plots in Kisumu Municipality and Lolwe Estate worth Sh108.5 million, as well as the house in Mirema, Nairobi.
Photo credit: Pool
The EACC is also pursuing another property in Lolwe, Kisumu – Red House – valued at Sh15.5 million.
Photo credit: Pool
“The defendants accumulated assets in landed properties, bank and mobile money (Mpesa) deposits and motor vehicles which assets were disproportionate to their known legitimate sources of income amounting to Sh1,206,851,274,” said the EACC.
Took undue advantage of his position
The EACC commenced investigations after receiving information that Mr Ochiel, through the two companies, entered into various contracts with property development companies, organisations and other members of the public to facilitate valuation and payment of government stamp duty.
They also got contracts for processing of title deeds and conducting forensic audit services.
“The rendering of the said services was in direct conflict with Mr Owino’s full-time occupation as an employee of the ministry. Investigations established that between January 2003 and November 2018, he exploited his official position of trust in the ministry during his employ for his private gain,” said the EACC.
The agency argued that Mr Ochiel took undue advantage of his position to confer benefits to himself by entering into contracts with private entities for services he was employed and paid to provide at the ministry.
“He is reasonably suspected of corrupt conduct by using privileged official information at the ministry for financial gain through the companies, thus compromising his public or official duties in favour of his personal interests,” said the EACC.
Court papers indicate Mr Owino, through Ternic Valuers Limited, had various contracts with companies such as Mhasibu Housing Company Limited, Mhasibu Runda Welfare Association, Mhasibu Investments Company Limited and the Catholic Archdiocese of Nairobi.
They cumulatively paid him Sh59 million.
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