The anti-graft agency claims the money was irregularly acquired through corruption and money laundering linked to a tender for the 2018 African Nations Championship (CHAN).
According to documents filed in court, EACC alleges that the two former officials were involved in a fraudulent procurement process related to preparations for the CHAN tournament, which Kenya had planned to host in 2018.
The tournament, organised by the Confederation of African Football (CAF), was meant to showcase players from domestic football leagues across Africa. However, Kenya later lost the hosting rights due to delays in preparations.
EACC claims that during the planning stages of the tournament, several tenders were issued for services and infrastructure development.
The commission alleges that some of these tenders were manipulated, leading to the loss of public funds.
Investigators believe that the Sh330.5 million being pursued was part of money that was unlawfully obtained through irregular contracts linked to the event.
In the case filed before the High Court, EACC is asking the court to declare the money as proceeds of corruption and order its recovery from Kaberia and Mwendwa.
The commission argues that public funds must be protected and returned to the government if found to have been lost through illegal activities.
According to EACC, investigations into the CHAN preparations revealed possible financial irregularities in how procurement processes were handled.
The agency claims some contracts were awarded without proper procedures, while others were allegedly overpriced or issued to companies that did not meet the required qualifications.
The anti-corruption body also accuses the former officials of engaging in money laundering by moving the suspected funds through various accounts to hide their source.
EACC says tracing the financial transactions formed part of its investigations, which led to the decision to file the recovery suit.
Both Kaberia and Mwendwa have previously denied wrongdoing in matters related to CHAN preparations.
They have maintained that procurement processes followed legal procedures and that decisions made during the tournament planning were aimed at supporting the country’s efforts to host the continental event successfully.
Legal experts say the case will focus on whether the procurement procedures followed during CHAN preparations complied with public finance and procurement laws.
The court will also examine financial records and evidence presented by investigators to determine whether the funds in question were obtained illegally.
The case highlights ongoing efforts by EACC to recover public money lost through corruption.
Over the years, the commission has filed several recovery suits targeting individuals and companies accused of benefiting from irregular government contracts.
Officials from the agency have repeatedly stated that asset recovery is an important step in fighting corruption and discouraging misuse of public resources.
The CHAN tournament was expected to boost Kenya’s sports infrastructure and promote football development in the country.
However, the loss of hosting rights due to unpreparedness raised concerns about management of sports projects and accountability in government-funded events.