Kidero says judge biased after raid on premises

Former Nairobi governor Evans Kidero has accused a judge of bias for allowing officials from the Ethics and Anti-Corruption Commission (EACC) to raid his premises in search of corruptly acquired assets.

In an appeal, Mr Kidero said Justice Mumbi Ngugi demonstrated bias by saying that he was guilty of being in possession of corruptly acquired public assets.

Further, Mr Kidero said the judge was decidedly biased against him that he is a criminal or he is already guilty of criminal activities.

In a judgment early this month, Justice Ngugi dismissed a petition by Mr Kidero, his wife Susan Mboya and his companies, challenging a search warrant obtained by the EACC in September 2018.

The judge dismissed the petition and allowed the anti-graft agency to search his houses and offices.

But in the appeal, Mr Kidero said the Judge failed to appreciate or caution herself that he was innocent because he has not been found guilty.

“The judge erred in fact and in law and misdirected herself by referring to the 1st Appellant’s (Mr Kidero) “criminal activities” without any factual basis for such reference, thereby giving away the judge’s unfair preconceived bias and predetermined notion,” he said in the appeal.

Dr Mboya has faulted the judge for allowing the 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.

The EACC, through the director of legal Services David Too, said investigations so far showed that Mr Kidero had properties and assets with a value of more than Sh9 billion.