- EACC has secured a court order to recover KSh207.7 million in unexplained assets from former accountant Andrew Biketi Musuya
- The forfeited assets include two five-storey apartment blocks, a five-bedroom townhouse, parcels of land, bank and M-Pesa deposits, and two vehicles
- The court excluded one Bungoma property acquired in 2008 and dismissed certain claims involving a vehicle linked to third parties
Harry Ivan Mboto is a Current Affairs and Politics Editor at TUKO.co.ke, covering crime and court news. Mboto has five years of journalism experience and joined TUKO.co.ke in 2024
The Ethics and Anti-Corruption Commission (EACC) has secured a court order allowing the government to recover assets worth KSh207.7 million from Andrew Biketi Musuya, a former accountant who worked at the Ministry of Public Health and Sanitation and the Trans Nzoia County Government.
Source: UGC
In a judgment delivered on October 8, 2026, Anti-Corruption and Economic Crimes Court judge Rose Ougo ruled that Musuya had failed to satisfactorily explain the difference between the assets he acquired and his known legitimate sources of income.
The assets ordered forfeited to the government include properties in Mombasa and Bungoma, bank and M-Pesa deposits, and two motor vehicles.
According to the EACC, the properties are valued at KSh150.2 million and comprise two five-storey apartment blocks and a five-bedroom townhouse in Mtwapa, Mombasa County, as well as seven undeveloped parcels of land in Mombasa and Bungoma.
Why did EACC go after Andrew Biketi Musuya?
The forfeiture also covers cumulative bank and M-Pesa deposits amounting to KSh53.5 million and two vehicles valued at KSh4 million.
The commission's investigations established that Musuya accumulated assets worth approximately KSh289.9 million between January 1, 2013, and October 31, 2018.
These included bank and mobile money deposits totalling KSh53.5 million, land and other properties valued at KSh226.8 million, and motor vehicles worth KSh9.6 million.
The EACC subsequently filed proceedings under Section 55 of the Anti-Corruption and Economic Crimes Act, seeking to recover KSh284.1 million in assets it considered disproportionate to Musuya's known legitimate income.
"The commission instituted proceedings under Section 55 of the Anti-Corruption and Economic Crimes Act (ACECA) to recover KES 284,087,664 in assets deemed disproportionate to his known legitimate sources of income, which he could not satisfactorily explain," EACC said.
After considering the case, the court determined that Musuya had failed to satisfactorily account for assets worth KSh207,741,928 and ordered their forfeiture to the government.
In its ruling, the court declared that Musuya had possessed unexplained assets during the investigation period and identified several properties and vehicles to be surrendered to the State.
"The respondent is declared to have possessed unexplained assets within the meaning of Sections 2 and 55 of ACECA during the investigation period of 1st January 2013 to 31st October 2018. The properties ... are declared unexplained assets and are hereby forfeited to the Government of Kenya," the court ruled.
Source: Facebook
However, the judgment also made exceptions. The court excluded a parcel of land in Bungoma after the EACC established that it had been acquired in 2008, before the period under investigation.
The court further dismissed the forfeiture claim involving a Toyota vehicle registered as KCF 863S against Wachenya Auto Garage Limited, as well as a related claim concerning Bhinder Corporation Limited's continuing proprietary interest in the vehicle.
The ruling also recognised a legitimate third-party construction credit established in favour of Lolong Contractors Limited, which was not to be treated as part of the respondent's unexplained assets.
Source: TUKO.co.ke