Economy

Court stops EACC from looking into Kidero properties

KIDRO

Former Nairobi Governor Evans Kidero in a Nairobi court on August 22, 2018. PHOTO | PAUL WAWERU

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Summary

  • The Court of Appeal has stopped Ethics and Anti-Corruption Commission (EACC) from inspecting and evaluating various properties belonging to former Nairobi Governor Evans Kidero.
  • A bench of three judges directed EACC to put on hold the planned inspection, after Dr Kidero maintained that it was illegal and meant to defeat an appeal.
  • He argued that much of the properties to be inspected were acquired when he was a private citizen, working for Mumias Sugar Company.

The Court of Appeal has stopped Ethics and Anti-Corruption Commission (EACC) from inspecting and evaluating various properties belonging to former Nairobi Governor Evans Kidero, pending a ruling next month.

A bench of three judges directed EACC to put on hold the planned inspection, after Dr Kidero maintained that it was illegal and meant to defeat an appeal.

He argued that much of the properties to be inspected were acquired when he was a private citizen, working for Mumias Sugar Company.

Further, Dr Kidero maintained that restrictions placed by EACC on his properties were illegal as the anti-graft body had no authority to investigate them. “Upon consideration, we grant Interim orders in terms of prayers (2),(3), (4) and (5) of the notice of motion dated 9th July, 2021, pending the delivery of the ruling,” Justice Roselyn Nambuye, Asike Makhandia and Jamila Mohammed ruled.

Through Senior Counsel Prof Tom Ojienda, Dr Kidero filed the fresh application saying EACC had sent him two letters on June 17 and July 6, seeking to inspect and value his properties.

In the appeal, Dr Kidero also faulted EACC saying it went overboard while seeking to conduct a search at his homes and offices three years ago. Prof Ojienda argued that EACC will carry out ‘illegal inspections and valuations’ of other properties not listed in an earlier schedule supplied to him.

He maintained that the warrant obtained by EAAC in September 19, 2018 was illegal and issued in violation of the law.

Last year, Justice Mumbi Ngugi dismissed his application seeking to bar EACC from searching his homes and offices.

Dr Kidero said Justice Ngugi (now Court of Appeal judge) demonstrated bias by insinuating that he was already guilty of being in possession of corruptly acquired public assets.

Further, Dr Kidero said the judge was decidedly biased against him and was labouring from a predetermined or a preconceived premise that he is a criminal or already guilty of criminal activities.

In a judgment, Justice Ngugi dismissed a petition by Dr Kidero, his wife Susan Mboya and his companies, challenging the search warrant obtained by EACC and allowed the agency to search the houses and offices.