Former Treasury Cabinet Secretary (CS) Ukur Yatani has termed investigations being conducted against him by the anti-graft agency as a smokescreen.
In submissions filed before the High Court, the former CS said he is apprehensive that the actions of the Ethics and Anti-Corruption Commission (EACC) are borne out of malice, ill-will and bad faith and the court should intervene and protect him from violation of his rights.
“To this end, the Applicant (Mr Yatani) seeks the interpretation of the court of the scope of the 3rd respondent’s (Milimani chief magistrate) duty in considering ex parte (EACC’s) applications for search warrants and whether the 3rd Respondent judiciously exercised its discretion in granting the search warrants in the manner that it did,” he said through his lawyer Jackson Awele.
Tuesday, Justice Chacha Mwita declined to grant him anticipatory bail, pending his arrest stating that he would consider the prayer after hearing all parties.
The EACC had opposed the grant of the temporary order, stating that there was no threat of his arrest as investigations of alleged loss of Sh1.2 billion at Marsabit County government, were still ongoing. The judge directed the parties including the EACC, Attorney General Justin Muturi and Inspector General of Police Japhet Koome to argue the case on June 14.
The former CS informed the court that the EACC obtained search warrants from a court on April 22 and later raided his homes in Marsabit, Karen as well as his offices.
Mr Yatani stated that the anti-graft body claimed it was investigating allegations of embezzlement of public funds, procurement irregularities and irregular award of tenders by the county government of Marsabit, leading to the loss of Sh1.2 billion public funds for 2013/2014 financial year.
Mr Yatani questioned the motive of the probe coming more than a decade later, as the alleged offences fall within 2013-2017 when he was the Marsabit governor.
