NAIROBI, Kenya — The High Court has issued preservation orders over a parcel of land and six vehicles linked to a Sh111.5 million recovery suit against Mbeti North Ward MCA Peter Muriithi Nyaga.
The orders, obtained by the Ethics and Anti-Corruption Commission (EACC), bar Nyaga and companies named in the suit from selling, transferring, charging or otherwise disposing of the assets as the recovery case proceeds.
In a ruling delivered on October 29, Justice Joseph Kipkoech Biomdo found that EACC had established sufficient grounds for the disputed assets to be preserved pending the hearing and determination of the main suit.
EACC is seeking to recover KSh111,577,188.75, which it alleges was irregularly acquired from the Embu County Government through business transactions involving companies associated with Nyaga.
EACC cites conflict-of-interest allegations
The commission filed the recovery suit on August 28, 2026, against Nyaga and six companies: Truco Enterprises Ltd, Peanco Ltd, Njewaco Ltd, Hasoco Ltd, Hiwco Ltd and Isaac & Timothy Company Ltd.
According to EACC, investigations established that Nyaga had an interest in five of the companies that traded with the Embu County Government, creating what the commission describes as a conflict of interest.
The anti-graft agency alleges that 20 road construction and maintenance contracts were awarded to the companies between the 2017/18 and 2023/24 financial years.
It says the contracts led to payments totalling KSh111,577,188.75 and that part of the money was later used to acquire the disputed land and vehicles.
The land, parcel number Mbeti/Kiamuringa/49, is registered in the name of Isaac & Timothy Company Ltd.
The vehicles covered by the preservation order are KDD 932H, KDC 857D, KDL 451F, KCQ 172W, KHMA 624H and ZF-9309.
Vehicles allowed supervised use
While upholding the preservation orders, Justice Biomdo allowed the vehicles to continue operating under strict court-supervised conditions.
The court directed the Land Registrar and the National Transport and Safety Authority to place restrictions on the land title and vehicle logbooks to prevent any transfer, lease, charge or other disposal.
The defendants have also been directed to insure the vehicles, install GPS trackers and provide EACC with real-time access to the tracking information.
They are further required to allow bi-monthly physical inspections and file quarterly reports detailing the location, use and maintenance of the vehicles.
The court warned that any breach of the conditions, including unauthorised movement of the assets outside its jurisdiction, could lead to the immediate grounding of the vehicles.
MCA, companies deny wrongdoing
Nyaga and the companies have denied the allegations, maintaining that the contracts were lawfully and competitively awarded, the work was completed and the assets were acquired through legitimate business income and bank loans.
They have also argued that the companies are separate legal entities and that EACC has not demonstrated that Nyaga influenced procurement decisions by the Embu County Government.
The respondents told the court that the land is used as an extraction site and the vehicles are operational business assets, arguing that grounding them would cause financial losses and disrupt ongoing contracts.
The preservation order does not determine ownership of the property or amount to a forfeiture ruling. The central question of whether the assets should be recovered will be determined after the High Court hears EACC’s substantive recovery case.
