High Court Judge Hedwig Ongudi on Thursday stopped the EACC from proceeding with the search until Tuesday when a ruling will be delivered on Mr Kidero’s application seeking to stop the process.
Mr Kidero has accused the anti-graft body of harassing him. According to the former Nairobi county boss, the EACC has been harassing him with the intention of crippling him economically.
A court has put on hold the Ethics and Anti-Corruption Commission’s search and evaluation of property owned by former Nairobi Governor Evans Kidero.
High Court Judge Hedwig Ongudi on Thursday stopped the EACC from proceeding with the search until Tuesday when a ruling will be delivered on Mr Kidero’s application seeking to stop the process.
Mr Kidero has accused the anti-graft body of harassing him. According to the former Nairobi county boss, the EACC has been harassing him with the intention of crippling him economically.
Through lawyer Tom Ojienda, Mr Kidero says the EACC raided his businesses and intimidated his tenants and patrons.
Last month Mr Kidero filed a case seeking temporary orders stopping the EACC from seizing his documents and property on the basis of a search warrant issued on September 19. A ruling is yet to be delivered.
“The EACC claims it is undertaking investigations and valuations on the property and establishments and in the process has sought to register restrictions on some of the property without giving sufficient notice to Mr Kidero or the companies as required by law,” says Mr Ojienda.
The lawyer also argues in the application papers that the EACC’s action has caused distress, havoc and panic among tenants and patrons of property and establishments associated with Mr Kidero.
He says there is danger that the tenants and patrons will vacate the property or avoid the establishments for fear of harassment.
“The EACC’s actions and conduct amount to economic sabotage against Mr Kidero and are intended to cripple him financially,” Mr Ojienda says. The move is also a violation of his right to property and undermines the judicial process, the lawyer says.
The EACC has been investigating Mr Kidero for alleged embezzlement of public funds while at the helm of Nairobi County and Mumias Sugar Company.
He has in separate court papers also claimed that his assets are worth Sh563 million. This is in contrast with the Sh9 billion the EACC says it is investigating.
Some of the property he has disowned include Yala Towers in Nairobi’s central business district, 50 rental units in Kilimani, a house in Lavington, seven apartments, a town house in Kisumu and eight vehicles.
The EACC said it had found Sh200 million in one of Mr Kidero’s bank accounts but he said it was loan money.
“It is apparent that the investigations herein are but a fishing expedition. It is no wonder the EACC is purporting to investigate all my properties including the ones acquired as early as 1987," he said.
“EACC has assumed jurisdiction to investigate me when I was not a State officer and, in so doing, usurping the role of the National Police Service. EACC does not have jurisdiction to investigate private citizens except in cases of alleged bribery as provided for by the Bribery Act,” Dr Kidero added.
Dr Kidero has accused the commission of over-valuing his assets and falsely listing him as the owner of some prime properties owned by other individuals to hoodwink courts into aiding a harassment campaign against him.
Dr Kidero claims that 15 of the 75 properties the EACC has linked him to are owned by other individuals.
While he admits owning 60 of the properties EACC listed as his in court, he argues that they are worth Sh563.9 million.
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