BY SAM ALFAN.
Ethnic and Anti-Corruption Commission (EACC) has been barred from interfering with a property that houses Governor Mike Sonko’s private office.
Chief Magistrate Martha Mutuku issued the order barring the commission from conducting valuation on the property in Upper Hill area, Nairobi.
“The order issued on June 23 including any further implementation or execution of the said order in the interests of Justice and fairness is hereby stayed”, ruled the court.
The court further suspended notices dated January 28, issued by EACC to interested parties, who have a link to the property.
Primix Enterprises limited moved to court seeking to suspend the order issued by the magistrate on June 23, allowing the commission to search the property.
The company through lawyer Harrison Kinyanjui urged the court to suspend the order in the interest of justice, pending hearing and determination of the case.
“The court be pleased to suspend or stay the notices dated January 28,2020 issued by the Ethics and Anti-corruption commission to interested parties pending hearing and determination of the case”, the company urged.
Primix also urged the court to issue an order unconditionally rescinding, setting aside and discharging the said order.
The company also sought an order restraining the commission and one Christine Nthiga or any person acting through them from searching, seizing, detaining or in any way restraining the company from it property.
Kinyanjui told the court that as the time of the issuance of the order on June 23, there was no evidence at all before the court demonstrating fraud, alleged collusion the company’s association in any criminal activity.
“The diverse orders of the June 23, issued ex-parte are unlawful based on the fact that no reason was given for their issuance. The said orders are unconstitutional as they arbitrarily deprive the company of their right to property”, Kinyanjui told the court.
He added the commission when obtaining the order, it failed to disclose full material facts regarding the sale transaction subject of investigation.
Kinyanjui further told the court that, the commission application dated June 24 was brought in bad faith , mischievous and maliciously in that the transactions leading to the sale of the property subdivided from LR NO. 209/6507 matumbato upper hill were above the board and due process was followed.
The court also heard that the offices of Primix Enterprise limited are not situated in Nairobi county upper hill matumbato road as alleged in the said application and the subject property was duly valued before the sale transaction commenced and valuation reports are available to the EACC.
“The respondent had already engaged the vendor of the property and already begun on the process of jointly valuing the subject property and were only meant to finalize the process hence no need for the orders requiring valuation of the property”, added Kinyanjui.
In a supporting affidavit, Primix Enterprise limited director Primrose Nyamu told the court that the company entered into agreement for sale with the registered trustees of Kenya Railways Staff recruitment benefits scheme for the sale of portion of the land measuring 0.2025 of a hectare to be exercised from LR NI. 209/6507 in the proposed subdivision of Matumbato road, upper hill in Nairobi.
Primrose told the court that the execution of the sale agreements was competitive tendering process where KRSRBS invited entities to tender for the sale of the said property and pursuant to the invitation for the tender for the sale of the property of aforesaid parcels of land made a bid for the purchase of the property which bids were successful and consequently the bid was accepted by the seller.
Primix entered into the sale agreement after conducting proper due diligence and establishing KRSRBS board had vide its resolution dated October 4,2017 resolved to sell the subject parcels of land.
“A valuation of the subject parcels of land had been undertaken and a valuation report prepared to that effect. The value of the parcel of land as indicated in the valuation report formed the basis of the consideration of the sale agreements executed between the respondent/applicant and KRSRBS”, company told the court.
She reiterated that the purchase of the portions was above the board and all the procedures were adhered to and there were no irregularities at all as alleged by the commission.
On June 23, EACC write a letter addressed to KRSRBS requesting for assistance in the finalization of the physical inspection and valuation of the subject parcels and this conduct by the commission shows malice and mischief on its part as valuation of the subject parcels had already been done and all they would have asked for is a valuation report.
To further evince the malice and mischief on the part of the commission, it can be noted that the said letter dated June 25 from the commission was done two days after the commission had obtained the order to carry out the valuation if the property subject to alleged investigations.
Directors of Primix Enterprise limited have never been summoned by the commission to record any statements regarding the sale of the subject parcels or to shed right on the procedures adopted by the parties to the sale transaction prior to the he sale..