Court orders EACC to temporarily keep off Kidero property
The Court of Appeal yesterday issued temporary orders barring the Ethics and Anti-Corruption Commission from further inspecting and evaluating properties belonging to former Nairobi Governor Evans Kidero (pictured) and his wife Susan Mboya.
A three-judge Bench issued the directive pending the hearing and determination of an appeal lodged by Kidero. “We deem it fit to grant an injunction against the respondents pending the hearing and determination of civil appeal No. 242 of 2020,” ordered justices Roselyn Nambuye, Asike Mukhandia, Jamila Mohammed.
The Appellate court has also stopped EACC, its agents and officers from purporting to investigate Kidero’s companies namely Gem Investments, Orro Limited and estate of the late Philip Kidero.
Other properties EACC is seeking to investigate are the estate of the late Abigael Kidero, Gem Apartments, Gem Suits, Argenti Limited and Paul Aoi. Orders were issued after Kidero lodged an appeal faulting the anti-graft commission, saying it went overboard while seeking to conduct a search at his homes and offices three years ago.
EACC’s new move against Kidero’s wealth and intends to inspect and evaluate properties he acquired when he was a private citizen and more particularly when he was MD of Mumias Sugar Company.
Kidero says he received some letters dated June 17 and July 6, 2021 from EACC and from its content, it is apparent that the commission is going to inspect and evaluate his properties.
Through Senior Counsel Tom Ojienda, Kidero argued that if the orders were not issued, EACC would conduct ‘illegal inspections and valuations’ of other properties not listed in an earlier schedule supplied to him.
Kidero maintained that the warrant obtained by EAAC on September 19, 2018 was illegal and issued in violation of the law.
According to court documents, EACC is also being accused of violating Mboya’s rights by searching and seizing her properties on the basis of the same search warrant when it was not directed at her merely because she is Kidero’s spouse.