Former Trans Nzoia County principal accountant Andrew Biketi Musuya has lost assets worth Sh207.7 million after a court found that he failed to satisfactorily explain how he acquired the wealth while serving in public office.
The Ethics and Anti-Corruption Commission (EACC) announced the recovery on Wednesday following a judgment delivered on October 8 by Justice Rose Ougo of the Anti-Corruption and Economic Crimes Court. The ruling allows the government to recover millions of shillings in property, bank deposits and vehicles linked to the former public officer.
Musuya previously worked as an accountant at the Ministry of Public Health and Sanitation before moving to Trans Nzoia County, where he served as a principal accountant. Investigations into his wealth found that he accumulated assets valued at nearly Sh290 million between January 2013 and October 2018.
According to the findings presented in court, his known legitimate income could not account for the value of the properties and money he had acquired during that period. The court ruled that he had failed to provide a satisfactory explanation for the difference, leading to the forfeiture of assets worth Sh207.7 million to the state.
The assets being recovered include two five-storey apartment blocks and a five-bedroom townhouse located in Mtwapa, Mombasa County. The properties, together with seven undeveloped parcels of land in Mombasa and Bungoma counties, are valued at approximately Sh150.2 million.
The court order also covers Sh53.5 million held in bank accounts and M-Pesa, as well as two motor vehicles valued at about Sh4 million. The recovery cuts across different forms of wealth, from developed properties generating potential rental income to cash held in financial accounts and mobile money platforms.
EACC had initially sought the recovery of more than Sh284 million under the Anti-Corruption and Economic Crimes Act. However, the court settled on Sh207.7 million after examining the evidence presented in the case.
The commission said the outcome demonstrates its continued efforts to recover wealth that cannot be satisfactorily linked to legitimate sources of income.
The case also highlights the legal scrutiny that public officers can face when their assets appear far beyond what their declared earnings can reasonably support.
Public officials are expected to account for their wealth and comply with the laws governing the management of public resources. Where investigations uncover a substantial difference between known income and accumulated assets, authorities can pursue legal action to establish whether the wealth was lawfully acquired.
Musuya’s case shows that such investigations can continue years after the period under scrutiny. The assets identified by investigators were accumulated between 2013 and 2018, but the court proceedings have now resulted in a substantial forfeiture order.
The recovery comes amid continued efforts by anti-corruption agencies to address unexplained wealth and recover assets suspected of being acquired unlawfully. While the recovery of Sh207.7 million represents a significant amount, it also highlights the scale of the task facing authorities seeking to trace and reclaim wealth linked to suspected corruption.
The court’s decision means the identified assets will be forfeited to the government, allowing the state to take control of property and funds that Musuya failed to satisfactorily account for. The ruling reinforces the principle that public service does not exempt individuals from having to explain the legitimate origins of their wealth when challenged through the legal process.
