EACC Halts Fraudulent Auction of Matili Technical Training Institute Property in Bungoma

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EACC wants to revive the case, set aside the previous decision and also recover the money or properties that may have been acquired through the same process.

Contrary to that, the contractor is alleged to have taken fresh court action in 2020 over a reportedly unpaid KSh17 million that culminated into a court. Photo/courtesy

By Phanice Rono

The Ethics and Anti-Corruption Commission has managed to stop a process of auctioning by property of the Matili Technical Training Institute in Bungoma County after detecting a fraudulent claim of KSh17 million.

The High Court in Bungoma granted the EACC provisional injunction orders preventing a private construction company from disposing of property belonging to the institution that had already been seized in a move to recover the alleged loan.

According to court filings, the contractor had planned to sell several pieces of key equipment and all other capital like vehicles, generating plants, electric appliances, and foodstuff meant for pupils. Some of these, including a vehicle that belonged to the school’s driving department, had already been auctioned before the court’s intervention.
Through the ruling, Lady Justice Sharif Monaisha ordered the suspension of the transfer of ownership of the vehicle as well as any sale of property belonging to the institute until the determination of the petition raised by EACC.

The EACC investigating officers told the court that the debt in question had been fabricated, since the company had received full payment for all the services offered in the institution by the year 2017. Contrary to that, the contractor is alleged to have taken fresh court action in 2020 over a reportedly unpaid KSh17 million that culminated into a court. This is a victory in January 2024 that the EACC seeks to review.

Anti-graft argues that there is new evidence that the earlier charge had been based on fake documents and misleading presentations were presented that had not been in court during the time of the previous ruling. EACC wants to revive the case, set aside the previous decision and also recover the money or properties that may have been acquired through the same process.
The court’s decision was positively received by the learning institution’s staff as the auction had interfered with training. This is in relation to the report by KBC, where one of the administrators stated that the school has been strained since the time they lost some of their vehicles last year.

According to spokesperson Néstor Roncaglia, these judicial orders will remain effective until a definitive resolution is obtained. Authorities at the Ethics Anti-Corruption Commission indicated that they shall pursue investigations into the earlier court judgment which the contractor who had obtained fraudulently.

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