In a notice to the Court of Appeal, the EACC said it was dissatisfied with the High Court ruling and wanted it set aside in its entirety.
“Being dissatisfied with the judgement and decree of the High Court Anti-Corruption Court at Nairobi (Nixon Sifuna J.) given on November 7, 2024 … intends to appeal to the Court of Appeal against the whole of the said decision,” the commission said in its notice.
EACC spokesperson Eric Ngumbi said the commission considered the ruling a setback in the fight against corruption and that allowing it to stand would set a bad precedent.
“By disturbing the established legal principles and standards, the judgement potentially reverses the jurisprudential gains that Kenya has so far made in the recovery of public funds and assets stolen by corrupt public officials,” Mr Ngumbi said.
On Thursday, Justice Nixon Sifuna set aside an order freezing the assets and funds in five bank accounts owned by Mr Wilson Nashon Kanani and his wife, accepting their explanation of how they acquired the wealth.
“I find that the respondents have satisfactorily explained that the assets were acquired genuinely as there is no evidence on record that he (Mr Kanani) is corrupt or engaged on corruption or were acquired through corruption. The explanation and evidence tabled in court is satisfactory,” the judge said.
The EACC had argued that Mr Kanani had abused his position by receiving revenue meant for the Nairobi County government through bank accounts held by his and his wife's private companies.
In its investigations, the anti-graft agency said Mr Kanani's assets in the form of land, vehicles, cash and cash deposits were not accounted for.
The assets include a flat in Nairobi worth Sh6.5 million, a house in Busia worth Sh11.2 million and land in Naivasha worth Sh3.5 million.
The EACC also said Mr Kanani acquired four high-end motor vehicles - a Toyota Land Cruiser V8, a Mercedes Benz E 300, a Mercedes Benz E350 and a Toyota Alphard -- over a period of five years.
The anti-graft agency further said it investigated his five bank accounts and found that he received cumulative deposits of Sh506 million between January 2016 and October 31, 2022.
However, the judge noted that the only evidence linking Mr Kanani to the alleged corruption was a criminal case in which he was convicted, but he appealed the decision and the sentence was overturned.
He also disagreed with the EACC's argument that his salary was too low to justify the assets and funds in his accounts.
“A keen public officer who invests his money will have more assets than an executive who spends his otherwise humongous salary on leisure and sin,” said the judge.
