Former MoH accountant loses land, houses as EACC recovers Sh207m in unexplained wealth

 

The assets include two five-storey apartment blocks and a five-bedroom townhouse in Mtwapa, several parcels of land in Mombasa and Bungoma, bank deposits, money received through M-Pesa and motor vehicles. [Courtesy, EACC]

The Ethics and Anti-Corruption Commission (EACC) has recovered assets worth Sh207.7 million belonging to a former Ministry of Health accountant over unexplained wealth.

This follows a ruling by Milimani Anti-Corruption High Court Judge Rose Ougo on October 8, 2026, allowing the commission’s application to forfeit several properties, bank deposits, and vehicles linked to Andrew Biketi Musuya to the Government.

The judge found that Musuya, a former Health Ministry accountant and former Trans Nzoia County accountant, possessed unexplained assets acquired between January 2013 and October 2018 and had failed to satisfactorily explain the disproportion between his wealth and legitimate sources of income.

“Upon considering the evidence, this Court finds that the explanations were not supported by sufficiently precise documentary and transactional evidence linking the specific deposits to the alleged sources,” Justice Ougo ruled.

The assets include two five-storey apartment blocks and a five-bedroom townhouse in Mtwapa, several parcels of land in Mombasa and Bungoma, bank deposits, money received through M-Pesa and motor vehicles. [Courtesy, EACC]

The assets include two five-storey apartment blocks and a five-bedroom townhouse in Mtwapa, several parcels of land in Mombasa and Bungoma, bank deposits, money received through M-Pesa and motor vehicles.

According to EACC, investigations established that Musuya had accumulated assets worth Sh289.9 million during the five-year period, which were disproportionate to his known legitimate income.

The commission said the assets identified included landed property valued at Sh226.8 million, bank and M-Pesa transactions totalling Sh53.5 million, and vehicles valued at Sh9.6 million.

EACC moved to court under Section 55 of the Anti-Corruption and Economic Crimes Act, seeking the forfeiture of assets it said Musuya could not satisfactorily explain.

Musuya had attributed his wealth to various sources, including employment income, farming, trading, consultancy, rental income, business activities and loans.

The assets include two five-storey apartment blocks and a five-bedroom townhouse in Mtwapa, several parcels of land in Mombasa and Bungoma, bank deposits, money received through M-Pesa and motor vehicles. [Courtesy, EACC]

However, the court found that his explanations were not backed by sufficient documentary evidence linking the questioned deposits to the claimed sources.

Justice Ougo also cited a Court of Appeal decision on unexplained assets, which stated: “You fail to satisfactorily explain the lawful source of assets, you forfeit it.”

The court ordered the forfeiture of several parcels of land in Mombasa, Mtwapa and Bungoma, as well as a Toyota saloon car and a Toyota Harrier.

It also ordered the forfeiture of bank deposits amounting to Sh45.5 million and M-Pesa funds totalling about Sh8 million, subject to safeguards against double recovery.

However, the court excluded a parcel of land in Bungoma after finding that it had been acquired in 2008, outside the period under investigation.

It also protected legitimate construction credit established in favour of Lolong Contractors Limited.

The judge directed Musuya to surrender the relevant title documents and vehicle logbooks.

The Land Registrar and the National Transport and Safety Authority were ordered to implement the forfeiture orders upon presentation of a certified decree.

The assets include two five-storey apartment blocks and a five-bedroom townhouse in Mtwapa, several parcels of land in Mombasa and Bungoma, bank deposits, money received through M-Pesa and motor vehicles. [Courtesy, EACC]

The judge also set a maximum monetary liability of Sh284.08 million, subject to adjustments for excluded assets, third-party interests and amounts already accounted for.

The court directed that the value of property forfeited be credited against that ceiling to prevent double recovery.

Musuya was also ordered to pay EACC’s costs, while interested parties against whom no substantive relief was granted were directed to bear their own costs.

In a statement announcing the outcome, EACC Head of Corporate Affairs and Communication Stephen Karuga said the decision demonstrated the commission’s commitment to recovering unexplained wealth and protecting public resources.

Karuga said the commission remained committed to safeguarding public property and pursuing unexplained wealth through the courts.