Court Declines to Unfreeze Sh21 Million Meant for 'Dowry'

The High Court has declined to allow an accountant working for a state agency access to his bank accounts.

After considering the presentations and arguments put forth by all parties involved, Justice Nixon Sifuna has rejected Daniel Wambua's application concluding that it is appropriate to maintain the freeze on the the three bank accounts. The freezing of these accounts was implemented in August. The judge on Thursday stated that Mr Wambua, who claims that the funds were raised for his dowry payment, will have the opportunity to access the money if the investigations conducted by the Ethics and Anti-Corruption Commission (EACC) absolve him or if the court subsequently determines that the funds are not tainted.

Through his legal representative Danstan Omari, Mr Wambua informed the court that out of the three frozen bank accounts, one contains a fixed amount of Sh5 million, another is his salary account with a balance of Sh264,707, and the third account holds Sh15.1 million. He said Mr Wambua made the deposits after holding fundraiser events that were held to improve contributions towards the dowry payment. The lawyer further explained that Mr Wambua organized four pre-dowry events during which participants initiated various online challenges, culminating in a goat-eating event on July 28th.

On June 9, 2023, the inaugural event took place, marking the official commencement of the project. The funds raised during this event amounted to Sh917,000 which were promptly deposited into the designated account the next day. The judge has decided to temporarily freeze the account while the anti-corruption body conducts its investigation.

The anti-corruption organization also objected to the release of the funds, citing a justifiable view that the accountant at the Kenya Rural Roads Authority obtained the money through corrupt means. The EACC informed the court that Mr. Wambua had based his argument on WhatsApp group screenshots, but failed to clarify or demonstrate any connection between the group and the funds in the three bank accounts.

According to the EACC, Mr. Wambua's monthly income is Sh56,000. However, within three months, he made deposits totalling Sh1.78 million which exceeded his annual income. During a search conducted at his residence, the EACC discovered a sum of Sh700,000 in cash. Of this amount, Sh500,000 was concealed in his bedroom, while Sh200,000 was safeguarded in a locked safe.