EACC barred from probing Kidero bank accounts
The High Court has partially barred the EACC from looking into Evans Kidero’s bank accounts in a probe on allegations of economic crimes.
EACC has been stopped from probing Kidero’s Standard Chartered Bank (US dollar) and Commercial Bank of Africa (Sterling pound) accounts, and his foundation’s Family Bank account.
Judge Joseph Onguto made the ruling against the EACC and agent Dennis Mare on Tuesday, when he also suspended warrants for probes into the accounts.
He asked the Nairobi governor to serve the EACC, DPP, AG and the Makadara chief magistrate, with the papers of a suit he filed with his wife Susan Mboya, before March 15 when the case will be heard.
Kidero said in his application filed as urgent that the EACC applied for warrants for the probe without reasonable or factual basis.
He added that the Makadara court issued them in “utter breach of his right to privacy” and that the commission obtained them without notifying him and the Evans Kidero Foundation.
“I have neither been summoned by the respondents nor given any notice to either appear before the commission or provide them with any documents in relation to any other investigations,” he said.
He added: “In this second application, the commission did not disclose to the court that it had made a similar application before the Milimani chief magistrates court.”
The Governor said the respondents’ conduct against him was “illegal, unconstitutional, oppressive and unreasonable and continues to violate his constitutional rights”.
He further said he only has EACC notices for investigations concerning Mumias Sugar Company and a memo signed between his government and a Chinese firm.
“I am not aware, have never been informed nor have I been given any notice of such allegations or investigations against me by the Ethics and Anti-Corruption Commission,” he said.
Court documents state the EACC is investigating claims that Kidero fraudulently transferred public funds to his personal accounts and is involved in corrupt practices.
The Makadara court on February 24 issued warrants for probes into his accounts, following an application two days earlier that Milimani chief magistrate Eddah Agade declined.
The commission made the application through inspector Mulki Abdu who also sought to search Kidero’s houses and other premises.
-THE-STAR.CO.KE