Embu MCA's six vehicles, land frozen over Sh111.5m graft

The High Court has frozen six vehicles and a parcel of land linked to Embu MCA Peter Muriithi Nyaga over Sh111.5 million graft allegations.

Justice Joseph Kipkoech Biomdo issued interim orders restraining Mbeti North MCA Nyaga and other parties from selling, transferring, disposing of or otherwise dealing with the properties pending the hearing of an application by the Ethics and Anti-Corruption Commission (EACC).

The properties comprise land reference number Mbeti//49 and six vehicles including a Mercedes-Benz E300, Toyota Hilux and a Toyota Succeed.

“Pending hearing and determination of this application inter partes, the respondents by themselves, their agents, servants and/or employees or any other person whosoever be restrained from alienating, wasting, transferring, disposing or in any other way dealing with Land Reference Number Mbeti/Kiamuringa/49," Justice Biomdo ordered

Joseph Kipkoech Biomdo further barred Nyaga, Truco Enterprises Ltd and Peanco Ltd, together with their agents, servants and employees, from selling, transferring, disposing of or otherwise dealing with the six motor vehicles pending the inter partes hearing of the application.

“Pending hearing and determination of this application inter-partes, the 1st, 2nd and 3rd respondents by themselves, their agents.... be restrained from alienating, wasting, transferring, disposing or in any other way dealing with motor vehicles registration numbers KHMA 624H, KDD 932H, KDC 857D, KDL 451F, KCQ 172W, ZF-9309.”

The orders followed an application filed by the EACC seeking to recover Sh111,577,188.75 which the commission alleges was unlawfully acquired through 20 road works and maintenance contracts awarded by the County Government of Embu.

The contracts were awarded between the 2017/2018 and 2023/2024 financial years to five companies which EACC says were associated with Nyaga.

In its application, the anti-graft agency said investigations established that the five companies were paid a total of Sh111,577,188.75 for the contracts.

EACC investigator Kawira Rauni, in a supporting affidavit, said the commission’s investigations centred on allegations of conflict of interest involving Nyaga, who is the Mbeti North MCA.

“The County Government of Embu awarded twenty contracts for road works and maintenance services to five companies associated with the Nyaga and paid them total of Sh111,577,188.75 for the contracts,” Rauni stated.

According to the investigator, Nyaga and his son Timothy Muita Muriithi were directors of Truco Enterprises Ltd, one of the companies that received county payments.

Nyaga and his son were also listed as directors of Peanco Ltd, another company that received county contracts.

EACC further alleged that Nyaga was the sole bank signatory to accounts belonging to Truco Enterprises and Peanco, which it says made him the beneficial owner of the two companies.

The commission also claimed that Lilian Njeri Njeru, identified in the affidavit as Nyaga’s wife, was the sole bank signatory to accounts belonging to Njewaco Ltd, Hasoco Ltd and Hiwco Ltd.

According to the EACC, these three companies were also among those that received payments from the Embu County Government.

The commission alleges that part of the money paid under the contracts was subsequently used to acquire the properties now preserved by the court.

Among the properties is Mbeti/Kiamuringa/49, registered in the name of Isaac & Timothy Company Limited acquired on June 10, 2019.

EACC says the land was purchased for Sh9.1 million and that Sh2,612,500 of the purchase price was paid by Peanco Ltd.

The agency also identified six motor vehicles allegedly acquired or linked to proceeds from the contracts.

They include a Toyota Hilux registered to Nyaga, a Toyota Succeed, a Mercedes-Benz E300, a Caterpillar grader registered to Truco Enterprises, a Shacman truck and a Bhachu low loader registered to Peanco Limited.

The commission argues that Nyaga, as an elected State Officer, held a private interest in contracts that allegedly conflicted with his public duties.

EACC further pointed out that Nyaga had served on county assembly committees dealing with infrastructure, roads, public works, housing and energy.

“The 1st Defendant being a State Officer as MCA for Mbeti North Ward in the County Government of Embu knowingly held a private interest in the subject contracts which private interest was in conflict with his powers and functions of his public office and explicitly illegal,” Rauni stated.

The commission wants the court to declare the contracts unlawful and order Nyaga and the companies to restitute the Sh111,577,188.75.

It is also seeking forfeiture of the identified land and six vehicles to the Government of Kenya as alleged proceeds of corruption and conflict of interest.

EACC urged the order to issue orders for preservation arguing that there was a real and imminent danger that the defendants could dispose of or transfer the properties to frustrate the recovery proceedings.

“There is real and imminent danger that the respondents or their agents shall seek to dispose of, transfer, charge, or interfere with the suit property in order to frustrate and defeat any decree that may be passed against them,” the investigator stated.

The court has directed the EACC to serve the pleadings and order on the defendants.

The MCA and his companies were granted seven days to file and serve their responses to the case

The application will be heard on September 14, 2026.