BY SAM ALFAN.
Director of Public Prosecution Keriako Tobiko has said search warrant for Nairobi Governor Dr Evans Kidero account were obtained legally.
DPP further says that an application for warrants to investigate accounts under section 23 of the Anti-corruption and Economics Crimes Act does not require a prior notice as alleged by Kidero.
He further argues that the application by Kidero should be dismissed saying that Kidero has failed to prove violation of his fundamental freedoms and rights and infringement of any law.
“The petitioner has not demonstrated prima facie case with the likelihood of success that there is real or breach of violation of constitution, ’argues DPP.
Kidero moved to the High Court under a certificate of urgency to challenge the Magistrate Court’s decision to grant the EACC access to his account information through the issuance of warrants.
Kidero argue that the EACC obtained the warrants to investigate his bank accounts from the Makadara Law Courts chief magistrate illegally and without notifying him.
EACC sought access to his Standard Charted US dollar account, CBA Sterling Pound account and the Evans Kidero Foundation Family Bank account, saying the commission is investigating complaints that Kidero had transferred public funds into his personal accounts.
