Nairobi Governor Dr Evans Kidero’s with his wife Susan Kidero who high court has temporarily stopped the Ethics and Anti-Corruption Commission (EACC) from investigating (FILE PHOTO).
BY SAM ALFAN.
The high court has temporarily stopped the Ethics and Anti-Corruption Commission (EACC) from investigating Nairobi Governor Dr Evans Kidero’s bank accounts together with those of his wife Susan Mboya.
The inquiry by EACC is in relation to alleged economic crimes said to have been committed by the Governor while in office.
Justice Joseph Onguto restrained the EACC and its agent Dennis Joseck Mare or any other agent from investigating Kidero’s US Dollar account with Standard Chartered Bank and a sterling pound account with Commercial Bank and the Evans Kidero Foundation Family Bank account.
“I also suspended the warrants to investigate Kidero’s accounts which were given to one Dennis Joseck in Makadara Law Courts by the sitting Chief Magistrate, “said Kidero
Kidero and his wife moved to court yesterday under certificate of urgency claiming that EACC made an application for warrants to investigate his bank accounts without any reasonable or factual basis and the Chief Magistrate Makadara Law Courts issued the same in utter breach of his right to privacy.
Kidero says besides investigations over the Mumias Sugar Company and a memo signed between Nairobi City County Government and a Chinese Firm, he is not aware of and has no notice of any other investigations against him being undertaken by the EACC.
“I have not been summoned by the respondents nor given any notice to either appear before the commission or provide any documents to them in relation to any other investigations,” he says.
According to court documents, the EACC is investigating alleged fraudulent transfers of public funds by Kidero to his personal accounts and that he is involved in corrupt practices or economic crimes.
On February 24 the Chief Magistrate, Makadara Law Courts issued warrants allowing EACC to investigate the various accounts held by Kidero with Standard Chartered Bank, Commercial Bank of Africa and Family Bank.
“I am not aware, have never been informed nor have I been given any notice of such allegations or investigations against me by the EACC,” he says.
He says the conduct of the respondents towards him is illegal, unconstitutional, oppressive and unreasonable and continues to violate his constitutional rights.
He says the commission obtained the warrants from the Chief Magistrate Makadara Law Courts without any notice to him or the Evans Kidero foundation.
“The Chief Magistrate, Makadara Law Courts pursuant to material non-disclosure and on the strength of a perjured affidavit by the EACC has issued warrants to investigate the petitioner’s bank account,” he says.
The Governor claims that the lower court issued a blanket warrant extending to periods well before the petitioner was voted into public office without laying any basis to the court of acts or circumstances that would necessitate such action.
Kidero resigned as the Managing Director of Mumias Sugar Company in 2012. He thereafter contested for and won in March 2013 the election to the position of Governor of Nairobi City Count.