The High Court has ordered Guaranty Bank Kenya Ltd to release Sh19.7 million held in two accounts belonging to former Kenya Ports Authority (KPA) managing director James Mulewa to the Ethics and Anti-Corruption Commission (EACC).
Justice Eric Ogola issued the directive following an application by the bank seeking a court order to release the money saying it did not wish to be caught up in execution proceedings since its relation with Mr Mulewa was a ‘bank-customer’ relationship.
The court heard that despite numerous demands from the EACC, the lender was unable to release the money without a court order.
“The applicant no longer wants to be in a state of anxiety and desires to have the funds released to court so that the court may deal with it as it considers fit to do,” noted Justice Ogola.
But in his ruling, the judge said it would be improper to order the bank to deposit the money in court yet the owner (EACC) had been determined in a judgement delivered in 2017 which had not been overturned or its execution suspended.
In September 2017, the High Court ordered Mr Mulewa to pay the government Sh74.6 million for unexplained assets obtained during his time as a public official.
The former KPA boss was ordered to pay the government Sh63.6 million being cumulative bank deposits he made between August 31, 2008 and May 20, 2010. He was further directed to pay the State Sh11 million being the value of a vacant parcel of land in Nyali, Mombasa and a four-bedroom maisonette at Bandari villas.