Ex-City Hall Finance Chief Kiamba Pleads: “Spare My Runda Home” in Court Petition

Ex-City Hall Finance Chief Kiamba Pleads: “Spare My Runda Home” in Court Petition

Former Nairobi County chief finance officer Jimmy Kiamba has approached the court to exempt his matrimonial home from the list of properties to be forfeited to the State, as mandated by the Court of Appeal.

Kiamba, along with his spouse Tracy Musau, has filed a petition seeking permission to liquidate their assets to settle claims with the Ethics and Anti-Corruption Commission (EACC).

In their High Court petition in Mombasa, Kiamba states that during his employment, he accumulated his income through savings.

He claims he used these savings and bank loans to venture into wheat and livestock farming, eventually building hotels in Mombasa and Machakos.

Musau, an interior designer, reportedly built her business from the ground up, establishing an interior design company.

She later founded a beauty parlor, which helped her acquire a property that was leased to supplement her primary income.

The couple asserts that in 2014, EACC began investigating their dealings without their knowledge, scrutinizing the companies they were associated with, and concluded they possessed unexplained assets.

The petitioners state that EACC filed a case at the High Court to seize the unexplained assets, a request that was granted.

They argue that they provided evidence showing their young family deserved constitutional protection regarding family rights, children, and property ownership.

They contend that seizing their matrimonial home would leave them homeless and violate their children’s rights.

“Some of the alleged unexplained assets, including the matrimonial home, were adequately explained as being acquired through pooled resources and bank loans,” part of the petition reads.

Kiamba and Musau challenge the constitutionality of certain sections of the Anti-Corruption and Economic Crimes Act.

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They argue these sections conflict with the Constitution, particularly the Bill of Rights, by presuming guilt before proving innocence.

The petitioners claim the outlined procedure assumes a mini-trial by the EACC, which after investigations, must invite rebuttal evidence before recommending prosecution or acquittal.

“The court must exercise its constitutional duty to interpret the Constitution regarding the conflict of laws to uphold the rule of law,” part of the petition states.

The petitioners seek a declaration that Sections 55 (1), 55 (2) (b), 55 (6), 55 (9), 56 (1), and 56 (2) of Aceca violate Articles 50 (2) (a), 50 (2) (K), 50 (2) (n), 159 (2) (e), and 160 (1) of the Constitution and are therefore null and void.

If the sections are declared unconstitutional, the petitioners want the High Court and Court of Appeal orders to be deemed void.

Alternatively, they request their matrimonial home in Runda Water Estate, Nairobi, to be excluded from forfeiture by the state.

The petitioners are also seeking conservatory orders to stay the execution of the Court of Appeal’s judgment and orders pending the resolution of their petition.

The case is set for mention on Thursday for further directions.

Ex-City Hall Finance Chief Kiamba Pleads: “Spare My Runda Home” in Court Petition