To preserve $460,000 (Ksh.62,100,000) that was taken from the anti-graft body during the course of the ongoing investigation into former Cabinet Secretary and Marsabit Governor Ukur Yatani, the Ethics and Anti-Corruption Commission (EACC) has obtained orders from a High Court.
The money was taken from his nephew Ibrae Doko Yatani and is 4,600 pieces of $100 USD bills.
Justice Esther Maina issued the freezing orders on Friday, May 3, effective for six months.
“I am satisfied that there are reasonable grounds laid for the preservation of the funds. An order be and is hereby issued allowing the Application to continue to detain 4,600 pieces of US Dollars 100 denomination seized from the Respondent's residence on 24th April 2024. The order shall be for a period of six months as provided in Section 56(3) of the Anti-Corruption and Economic Crimes Act (ACECA),” the court ruled.
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“The order shall be served upon the Respondent within 7 days of today's date. That there be no order as to costs. It is so ordered.”
The EACC informed the High Court that having the money raises a legitimate suspicion that it is either the proceeds of corruption or an unexplained source of wealth.
According to the commission, Yatani may be involved in money laundering, so the source needs to be investigated.
The court was informed that Ibrae Doko Yatani received Ksh. 71,790,897 irregularly from the County Government of Marsabit through his company Al Habib Enterprises during the period of interest.
EACC further informed Justice Maina through its attorney, Jackie Kibogy, that it fears Ibrae Doko Yatani will demand unconditional release and then proceed to dispose of or transfer the cash, thwarting any intended forfeiture proceedings to the public's detriment unless the court issues an order authorizing the continued custody of the cash.
The money will also be presented as evidence if criminal charges are chosen.
Ukur Yatani, Marsabit Governor Mohamud Mohamed Ali, senior county officials, and close family members are being investigated for suspected public money theft, official abuse, irregularities in procurement, conflict of interest, and unexplained wealth.