Three judges agreed that the search by the anti-graft body can wait for the outcome of the appeal filed by Dr Kidero and his companies.
The former Nairobi county boss rushed to court after EACC issued him with fresh orders in July last year, seeking to visit several of his properties with plans to inspect and value them.
While admitting to owning 60 percent of the properties listed by EACC, the former governor argues that the property is worth Sh563.9 million and not Sh9 billion as the agency claims.
The Court of Appeal has blocked the Ethics and Anti-Corruption Commission (EACC) from searching and valuing multi-million properties belonging to former Nairobi governor Evans Kidero.
Three judges agreed that the search by the anti-graft body can wait for the outcome of the appeal filed by Dr Kidero and his companies.
The former Nairobi county boss rushed to court after EACC issued him with fresh orders in July last year, seeking to visit several of his properties with plans to inspect and value them. The properties targeted include Gem Investments, Gem Apartments and Gem Suites.
Dr Kidero argued that continued investigation, inspection and valuation of his properties, while the case was pending before the Appellate court, was an abuse of the court process.
“In our view, the applicants’ appeal is arguable and is not frivolous as correctly held by this Court differently constituted in a previous application. We have no reason to hold otherwise,” Justices Roselyn Nambuye, Asike Makhandia and Jamila Mohammed said.
EACC had defended the plans to search and value the properties saying an earlier order, which Dr Kidero contested, was about himself and the anti-graft body could not use it to search his other properties.
The anti-graft body further said the inspection and valuation were part of investigations undertaken pursuant to its constitutional and statutory mandate and the politician had been notified of the inspection from June 28, 2021.
While admitting to owning 60 percent of the properties listed by EACC, the former governor argues that the property is worth Sh563.9 million and not Sh9 billion as the agency claims.
His spouse Dr Susan Mboya also challenged the decision saying the judge was wrong in allowing EACC to violate her right to privacy, by stating that while the rights of women, whether within marriage or outside must be jealously safeguarded, they can be complicit in the concealment of corruptly acquired public assets.
Kidero is fighting a graft case in which EACC published a list containing 58 properties, some registered in the names of his children, while some of the properties targeted were purchased before he joined Mumias Sugar Company.
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