Nairobi Governor, Mike Sonko as dealt a major blow in his quest to access his bank accounts as High Court declined to unfreeze accounts in the 356 million graft case.
Mike Sonko’s accounts were freezer together with two companies and two directors accounts
High Court Judge, Justice Mumbi Ngugi ruled that Rose Njeri, Anthony Mwaura Hardi Enterprises, and Toddy Civil Engineering Company Limited did not provide evidence to indicate how the existing orders had caused them undue hardship.
According to Ngugi, the complaints (Sonko and Co-) did not show how the order would deprive them of the means to provide for their reasonable living expenses.
“Arguments on whether the assets in question are proceeds of crime should wait till the hearing of the matter. This application is dismissed,” she said.
Back in February, Ngugi blocked the two companies and the directors from having access to two bank accounts containing Sh8.4 million.
The High Court Judge also ordered them to immediately surrender their nine vehicles to the Asset Recovery Agency.
The Judge gave temporary orders to keep hold of the Sh 1.6 million held in an Equity Bank account and Sh6.9 million kept at Sidian Bank operated by Hardi Enterprises and Toddy Civil Engineering, respectively.
In March, both the companies and the directors sought an order to vary the preservation and seizure orders that were given by Justice Ngugi.
The basis of their application and issuance of the preservation order was on a tender for-hire vehicle and equipment that was awarded to Hardi by the Nairobi County government.
According to ARA, the tender was irregularly given and any proceeds therefrom are proceeds of crime.
The agency also alleged that the funds of the company were fraudulently acquired from the Nairobi City County government and were the proceeds of crime.
However, the two companies argued that the court was misled by the agency and the payments under the contracts were used to get all the vehicles listed in their application that was subject to the preservation orders.
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According to the companies, only three of the nine vehicles were acquired and registered after the tender and payment.
While the remaining six were acquired before the subject tender and before the receipt of payment from the Nairobi County Government and could not, therefore, be subject to the proceedings.
But ARA said their probe found out that the companies were conduits used by Governor Sonko and together they embezzled funds from the coffers of the Nairobi City County government.
As a result, Governor Sonko was charged alongside them.
