EACC after former KPA employee who fraudulently acquired KSh78.2 million

The Ethics and Anti-Corruption Commission (EACC) has moved to the High Court in Mombasa seeking orders to compel a former senior employee of the Kenya Ports Authority (KPA) to pay to the Government of Kenya KSh78.2 million that he allegedly illegally acquired from KPA through a fraudulent tender. 

The tender was illegally awarded to Antony Muhanji's private company namely Mukitek Investment Limited to undertake excavation and concrete works at KPA. 

In the suit filed on Tuesday, November 22, the commission wants the High Court to declare the KSh78.2 million as proceeds of crime and issue reinstitution orders compelling Antony Muhanji and his company to pay the amount to the government.

EACC, through its Lower Coast Regional Office in Mombasa, received an allegation of irregular and fraudulent procurement at KPA that led to fraudulent acquisition of public funds.

The anti-graft agency undertook investigations which established as follows:

•  Mukitek Investment Limited, a company owned by Antony Muhanji, an employee of KPA, was fraudulently awarded a tender which it had applied for using forged documents.
•  The contract for excavation and concrete works at KPA was supervised by Anthony Muhanji as a Project Manager, who was also a Director of the Mukitek Investment Limited and a beneficial owner to the company’s bank account. 
• Antony Muhanji engaged in conflict of interest contrary to Section 42 (1) Anti-Corruption and Economic Crimes Act, No. 3 of 2003 and Section 66 of Public Procurement and Asset Disposal Act (PPADA), 2015.
• Mukitek Investment Limited was paid a sum of Kes. 78,161,858.45/= which was used to purchase property in Nairobi under the name of Stone Contractors Limited. 

When investigations commenced, the commission identified and froze KSh52.2 million belonging to Mukitek Investment Limited, pending finalization of investigations and subsequent recovery proceedings.

The purpose to ensure that in the event the Commission wins the recovery suit, any forfeiture and reinstitution orders issued by the Court will not be in vain.