The High Court blocked the anti-graft agency’s attempt to recover Sh41.3 million from former National Campaign Against Drug Abuse (Nacada) head John Mututho.
The Ethics and Anti-Corruption Commission (EACC) said the money, which was paid to Mr. Mututho as reimbursement for goods he supplied to the Kenyatta National Hospital (KNH) decades ago, amounted to unjust enrichment as he used forged documents.
“As to how the goods left the port, it is up to KRA (Kenya Revenue Authority) to unlock the mystery and false issuance of double import entry declarations and subsequent payment receipts,” the judge said.
In an Sh71.3 million tender sponsored by USAid in 1999, the company allegedly delivered 1,600 bedside lockers to KNH.
The EACC filed the case on behalf of the KNH seeking to recover the money, saying Mr Mututho and his company, Countryside Supplies was paid irregularly after lodging a false tax reimbursement claim.
Mr Mututho had previously been detained and charged with nine charges of uttering fraudulent documents in 2005, but had been acquitted due to a lack of evidence.
*This article was written by Caleb Mwikya for Uzalendo News. Email: uzalendonews@gmail.com for News tips and Inquiries.