The High Court has ordered the preservation of more than Sh62 million seized from a businessman who is said to be a relative of former National Treasury Cabinet Secretary Ukur Yatani, last month.
The court was informed that the cash was seized from the residence of Mr Ibrae Doko Yatani on April 24, 2024, the same day the Ethics and Anti-Corruption Commission (EACC) carried concurrent raids at Mr Doko and Mr Yatanis homes.
The anti-graft agency said it suspects the County Government of Marsabit irregularly paid the money to Mr Dokos company Al Habib Enterprises.
Sh1.2bn graft case: Court declines to stop EACC from questioning Yatani Ex-Treasury CS Yatani nabbed, quizzed in graft probeThe originating motion is allowed as Im satisfied that there are reasonable grounds laid for preservation of the funds, Justice Esther Maina said.
The EACC informed the court that there was reasonable suspicion that the huge amount of cash in foreign currency kept in the house are proceeds of corruption or unexplained wealth.
Through lawyer Jackie Kibogy, the EACC also said there was a possibility that Mr Doko was engaged in money laundering, adding that a probe was necessary to know the source of the money.
Ms Kibogy told the court that the EACC was investigating allegations of embezzlement of public funds, procurement irregularities and awarding of tenders by the County Government of Marsabit for the financial years 2013-2024.
Investigators obtained a search warrant to retrieve information, electronic devices and documents from Mr Dokos business premises and residence which would aid in the probe.
The search was executed on April 24 when the 4,600 dollars, equivalent to Sh62.1 million, was found at Mr Dokos residence.
Ms Kibogy told the court that during the period of interest, Mr Doko, through his firm Al Habib Enterprises, was paid Sh71.8 million by the county government.
The anti-graft agency said it was apprehensive that the businessman might demand the unconditional release, surrender or access of the money if an order of preservation was not issued.
The EACC is reasonably apprehensive that, unless this honourable court issues orders aforesaid, the respondent shall dispose of or transfer all or part of the property in order to frustrate any subsequent proceedings that may ensue after the investigation, Ms Kibogy said.
The commission is also investigating former CS Yatani over allegations of embezzlement of Sh1.2 billion public funds during his tenure as Marsabit governor. He had challenged the process, but the court declined to stop the probe.
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