Lawyer Philip Nyachoti for former Nairobi Chief Finance Officer Jimmy Kiamba who has complained of confusion surrounding the case leaving Milimani law courts Wednesday April 6, 2016. .
BY SAM ALFAN
Former Nairobi Chief Finance Officer Jimmy Kiamba’s file over his frozen accounts will now be placed before Principal Judge Richard Mwongo to issue appropriate orders and direction to clear the confusion caused by contradicting orders by different Judges.
Justice Joseph Sergon directed the file be placed before the principal Judge on Mondayafter Kiamba through his lawyer Philip Nyachoti complained of confusion surrounding the case.
According to Nyachoti, Justice Mbogholi Msagha ordered freezing of Kiamba’s account but Justice Fred Ochieng allowed him temporary orders to access a specific amount of money from his account.
However, before the orders got effective, the Ethics and Anti-Corruption Commission rushed to court before Justice Lucy Njuguna who ordered the accounts refrozen.
Kiamba complains that the contradicting orders have been issued three times leaving him at the center of confusion.
He claims the application by Anti-corruption commission is defective, mischievous and an abuse of the court process and should therefore be dismissed at the first instance with cost from them.
According to Kiamba, the application is tainted with deliberate concealment and non-disclosure of material facts in view of the orders issued on June 25, 2015.
He claims all issues raised in the current application were fully canvassed in the previous application.
“It is obvious, EACC’s case against Kiamba was a mere suspicion as opposed to any material and tangible evidence to support the allegation of alleged corruption in acquisition of the respondents assets and suspicions cannot be ground for the grant of an injunction,” said his lawyer Nyachoti.
