Former KPA MD James Mulewa. [Photo/Nation]
Former Kenya Ports Authority (KPA) managing director James Mulewa now wants the court to suspend an order to pay the government Sh74.6 million for unexplained assets.Mr. Mulewa wants the implementation that ordered the payment suspended pending the hearing and determination of an appeal against it.According to Mulewa, he was not given an opportunity to satisfy the court that the assets in question were not acquired fraudulently.In a High Court application, he argues that after the evidence of the Ethics and Anti-Corruption Commission, the court did not rule that it was satisfied that it had proved a case that required his rebuttal.“Failing to make a finding that a prima facie case had been established, the court failed to make a finding that the first defendant (Mr. Mulewa) was required by such testimony to satisfy the court that the assets were acquired otherwise than as a result of corrupt conduct,” said Mr. Mulewa.Mr. Mulewa says the judgment was made in error of procedure.He argues that he has a right to fair trial.