BY SAM ALFAN.
Former Nairobi Governor Dr Evans Kidero is seeking orders to stop EACC from further searching and seizure of his property pending hearing and determination of the case.
“Order be issued restraining EACC through it agents or investigators from purporting to search,seize and continue to seize the 2nd -10th petitioners property” Kidero says.
The court documents filed under certificate of urgency, he want the high court to suspend further execution of search warrant dated 19 September this year by the EACC.
Dr Kidero, his wife Susan Akelll Mboya,Gem investments , Gem Apartments , Gem Suites, Orro Limited, Argenti Limited and Paul Aoi wants the court to isue mandatory order compelling the immediate surrender of their property which were searched and seized without any warrant on 20th of September this year pending hearing and determination of the case.
The former Mumias Sugar Company Managing director describes himself in his court documents as a man of means who has accumulated his wealthy gradually over the course if years since his first employment way back in the year 1983 and he has invested heavily in various fields including, real estate ,stock markets, shares and industry service.
According to court documents, detectives obtained the search warrant on 19 of September from the Chief Magistrate which he was being investigated over her alleged misappropriation of public funds Abe illegal acquisition of wealthy by Mr Kidero while he served as a Nairobi County Governor and Managing director of Mumias Sugar Company Limited.
Dr Kidero want the search warrant dated 19 September is unconstitutional , defective and ought to be quashed and EACC does not have jurisdiction to investigate the affairs of Mumias Sugar Company since the entity is a private company and not a public company.
He claims after his exit in politics last year , he has been the recipient of continued threats, attacks , harassment, witch-hunt and intimidation by EACC. He claims he was arrested by EACC on 8th of August for alleged commission of economic crimes while he was the Nairobi Governor and the criminal case is still on going.
Mr Kidero further argues that on 20th of September traumatized, shocked ,terrified, humiliated when EACC detectives raided his Muthaiga home at 4:00 a.m in the morning.
He claimed EACC officers came armed with search warrant dated 19th September 2018 and he was held hostage and falsely imprisoned at his home to about 12:00 p.m with no consideration of his dignity. Similar raid were made in his kisumu and his office at Westlands in Nairobi.
During the raid detectives seized different documents and properties belonging to his wife and children. He also said they went ahead and seized the documents and properties of Kidero’s late wife and son 3/4.
High Court Anti-Corruption Presiding Judge Hedwig Ong’undi certified the application urgency and directed the application to be served together with petition within three days and inter parties hearing on 4 of October.