Andrew Musuya will, however, not enjoy his massive wealth after Justice John Onyiego stopped him from operating his accounts or dealing with his assets.
This follows claims that Musuya's wealth were proceeds of crime and money embezzled from the county government.
“An injunction is hereby issued stopping the respondent, his servants or agents from withdrawing, transferring, wasting or in any way dealing with the funds at his two accounts at Equity Bank and two others at Co-operative Bank,” ruled Onyiego.
Court documents
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According to court documents filed by the Ethics and Anti-Corruption Commission (EACC), Musuya’s accounts at Equity Bank transacted a total of Sh223 million while the ones at Co-operative Bank had Sh45.5 million.
Justice Onyiego also stopped Musuya from selling or transferring several prime pieces of land in Mombasa, Kilifi, Mtwapa and Bungoma, which the EACC claims he bought using money stolen from the county.
In addition, the judge ordered Musuya and his wife Salome Waleghwa to surrender three top-of-the-range cars valued at over Sh10 million, and which it is believed were acquired through proceeds of crime.
“Should they fail to surrender the vehicles and their logbooks within seven days, the EACC will be at liberty to seize, tow and detain the motor vehicles for purposes of preservation within the nearest police station,” ruled Onyiego.
He further stopped the former accountant from accessing Sh3.5 million he allegedly deposited in the account of Sachdeva and Nabhan Advocates to purchase some property on his behalf.
EACC is seeking to recover the money through an application which details how he devised ways to get money from the county.
According to the commission, Musuya exploited his official position to engage in corrupt conduct and acquired unexplained wealth that was not commensurate with his known legitimate sources of income between January 2013 and October 2018.
“His cumulative salary cannot justify the total value of his assets estimated to be worth Sh284 million comprising of land worth Sh226 million, cash deposits totalling Sh45 million, M-Pesa transactions worth Sh8 million and vehicles worth Sh9.7 million,” said EACC.
According to EACC, Musuya has also constructed a multi-million shillings storied building in Mtwapa, Kilifi County, bought a plot in Kwamonzo village, three high-end fuel guzzler vehicles and opened a petrol station in Mukuyu town from the time he was employed in November 2014.
The anti-graft agency told the court they received information regarding misappropriation of public funds and illegal acquisition of wealth by Musuya from the time he was employed.
The commission’s lawyer, Rosslyne Murugu, submitted that their investigations revealed a chain of secret deals involving the top accountant, his wife Waleghwa and a private consultant named Isaiah Walubengo.
To conceal his acts, EACC claimed that Musuya registered a company called Mukuyu Petroleum Dealers, which he used to deposit large sums of money on a daily basis.
“We had reasonable suspicion that considering his salary, the large and frequent deposits in his accounts and that of his business were disproportionate to his legitimate known sources of income,” said Ms Murugu.
The commission said they were also investigating how Musuya allegedly used his wife’s accounts to channel other proceeds of corruption estimated to be worth Sh150 million.
According to EACC, part of the conspiracy included a scheme between Musuya and Walubengo in which he gave him private consultancy services at inflated costs and received 40 per cent of all proceeds.
But Musuya claimed he made his millions through other businesses including a night club in Kapenguria town where he made Sh200,000 per week, personal loans, earnings from maize farming, consultancy work and his petroleum dealership.
His wife also claimed she contributed to the empire through Sh40,000 salary, boda boda business and sale of beans.
