Editor's Review
EACC has obtained orders for the forfeiture of assets worth Ksh426,851,982.04 held by former Kilifi Principal Land Registrar, his wife, and companies associated with the family.
The Ethics and Anti-Corruption Commission (EACC) has obtained orders for the forfeiture to the Government of Kenya of assets worth Ksh426,851,982.04 held by former Kilifi Principal Land Registrar Felix Mecha Nyakundi, his wife Stellah Nyaboke Otword, and companies associated with the family.
In a statement on Friday, September 25, the Commission said the orders followed a judgment delivered on September 18 by Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Court.
EACC said the court found that Nyakundi and his associates had not adequately accounted for the difference between the assets they acquired and their known legitimate income.
"In a Judgment delivered on 18th September 2026, Justice B.M. Musyoki of the Anti-Corruption and Economic Crimes Court held that Mr. Nyakundi and his associates had failed to satisfactorily explain the disproportion between the assets they acquired and their known legitimate sources of income," the statement read.
According to EACC, the forfeited assets include Ksh233,581,982.16 held in bank accounts and M-PESA, as well as prime properties in Nairobi, Mombasa and Kilifi Counties valued at Ksh177,110,000.
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The properties include Bantu Hotel along Kangundo Road in Nairobi, valued at Ksh107,700,000, and Saro Wiwa apartment block in Utawala, Nairobi, valued at Ksh35,000,000.
The assets also comprise a Mombasa penthouse valued at Ksh19,000,000 and 11 parcels of land in Kilifi and Thika valued at Ksh15,410,000.
Motor vehicles, including a Land Cruiser Prado, Mercedes-Benz and Toyota Hilux, valued at Ksh11,899,999.88, were also ordered forfeited.
An additional Ksh4,260,000 in cash recovered during a search operation was included in the forfeiture.
EACC said its investigations established that Nyakundi and his associates had acquired assets worth hundreds of millions of shillings between 2013 and 2024.
"The Commission’s investigations established that between January 2013 and March 2024, Mr. Nyakundi and his associates acquired assets cumulatively valued at KES 771,893,224," the statement added.
The assets identified during the investigations included Ksh467,764,521.60 transacted through various bank accounts and M-PESA numbers, landed properties valued at Ksh287,510,000, motor vehicles valued at Ksh20,059,999, and Ksh4,260,000 in cash recovered from the defendants’ residences.
EACC said that during the period under investigation, Nyakundi earned a gross monthly salary ranging from Ksh69,660 in 2013 to Ksh115,630 in 2024.
The Commission said Nyakundi and his associates were able to satisfactorily explain the acquisition of assets valued at only Ksh58,170,000 during the investigations.
EACC subsequently moved to court seeking recovery of assets that it said were disproportionate to Nyakundi's known legitimate sources of income and had not been satisfactorily explained.
"Consequently, the Commission instituted proceedings in accordance with Section 55 of the Anti-Corruption and Economic Crimes Act (ACECA) for recovery of the assets disproportionate to his known legitimate sources of income and which could not be satisfactorily explained," the statement further read.
EACC said the court's decision would contribute to efforts to recover public resources and prevent proceeds linked to corruption and unethical conduct from being retained by those involved.
"The Commission welcomes this landmark decision as a significant step towards recovering public resources and ensuring that individuals involved in corruption and unethical conduct do not benefit from proceeds obtained through such conduct," the statement concluded.
This comes days after EACC obtained a court order requiring a former Homa Bay County Government employee to refund Ksh708,664 after investigations established that she received additional salary payments over a period of more than three years.
In a judgment delivered on September 18, the High Court ordered Evelyne Adhiambo Ogweno, a former medical social worker at Ndiru Hospital Centre in Rangwe Sub-County, and former County Payroll Officer Maurice Ochieng Wambo to jointly and severally refund the money to the Government of Kenya.
In a statement on Wednesday, September 23, EACC said the case followed investigations into multiple salary payments involving current and former employees of the Homa Bay County Government.
"The recovery follows investigations into the payment of multiple salaries to current and former employees of Homa Bay County Government," the statement read.
The inquiry established that Ogweno, who previously worked in the County Department of Health Services, received additional salary payments between February 2015 and May 2018.
During the period, she received Ksh708,664 over and above her regular salary.
EACC subsequently filed a recovery suit against Ogweno and three former county payroll officials, seeking to recover the additional funds paid through the county payroll system.
"The recovery is part of a series of cases filed by the Commission following investigations into the alleged loss of Ksh42,249,988 through the Homa Bay County Government payroll system," the statement added.
