A well-heeled traffic cop who can’t explain how he acquired his vast fortune could lose it all to the state after the Supreme Court’s agreement with the Anti-Graft Agency to repossess the property.
Chief Inspector Gabriel Mbiti Mulei is expected to turn over 10.5 million shillings in his four bank accounts, seven properties valued at 19.4 million shillings, five vehicles and a motorcycle.
Foreclosure Judge Ruling Njoki Mwangi, filed in 2015 by the Ethics and Anti-Corruption Commission on suspicion that the official was involved in corruption, said the properties constituted undisclosed assets.
She asked him to give the government a Total of 10 Sh to be paid .536,199, this is the cumulative amount he deposited into his bank accounts between June 18, 2008 and February 18, 2011.
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“I have found that Mulei has not provided an explanation as to why deposits of 10Sh, 536,199 were transferred to his various bank accounts, with the exception of his salary account,” said the judge.
The amount should be paid within 30 days. The properties are located in Malindi, Kwale Township and Ndithini/Mananja. His net monthly salary was approximately 20,000 shillings, according to court documents.
The judge ruled that he had failed to identify the source of the funds used to purchase the land and vehicles.
The court found that the Commander of the Malindi Traffic Base did not explain how he acquired the assets, which did not correspond to his known legitimate source of income.
< p>“The real estate subject of this lawsuit, as well as the balances in his bank accounts, raise questions as to their provenance. I am satisfied that Mulei has unexplained assets based on the evidence presented to me by the EACC,” said Judge Mwangi.
She said the officer had the burden of proof, a satisfactory explanation for the lawful acquisition of the assets. “When the burden of proof shifted to him, he made a feeble attempt to respond to the EACC’s allegations by stating that he had been on active duty for two decades and had earned a reasonable salary,” the judge said Officials had also stated that he had been doing “side hustles” that had increased his income. In addition, he said he had served at various locations in Coast and was a member of the Police Station.
He had denied owning land in Kwale or Malindi but admitted ownership of the land in Kwale Ndithini /Mananja, which he said were acquired through installment payments, shooting competition monies, and loans.
However, he said he could not trace the records back to the purchase of the said properties.
EACC alleged that between 18 June 2008 and 18 February 2011 the officer deposited cash and checks totaling Sh10.5 million in his bank accounts, his own excluding payroll account . The officer’s bank statements and transactions were presented in court.
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The court heard that the EACC had received information that Mulei was taking bribes from road users in Malindi while serving as a traffic base commander. He was deployed to Malindi in February 2008.
EACC investigator Mutembei Nyagah said a search of Mulei’s home uncovered documents proving he had accounts with Barclays, Equity, Cooperative and Standard Chartered Banks.
Mr Nyagah said the accounts were justifiably suspected of being used as “links” to acquire and conceal illegal assets.
< p>It was also stated that Mulei’s salary account with Barclays Bank Nairobi proves that throughout his tenure as base commander he had drawn several million shillings from his salary.