High Court has dismissed a petition by two officials of the National Land Commission (NLC) who sought protection from the court accusing the anti-graft body of harassment.
Dr Salome Munubi, a director valuation and taxation at NLC and her deputy Joash Oindo filed the application before the High Court accusing Ethics and Anti-Commission (EACC) of victimization, intimidation and harassment them and their families in the guise of carrying out investigations.
Oindo also sought to be reinstated back to his job, alleging that he was “forced” to go on compulsory leave with giving him a hearing.
The two claimed that investigations into compensation of the standard gauge railway (SGR), Port Reitz/Moi International Airport access road and for Mombasa Southern by-pass-Kipevu road are in bad faith and have not been a genuine effort towards the enforcement of the Anti- Corruption and Economics Crimes Act.
But after hearing the case, Justice Mumbi Ngugi of Anti-Corruption division said she cannot stop an investigative agency from carrying out its mandate. “They may also view the acts of the respondents as harassment.
However, I do not believe that a court can properly restrain a state investigative agency form carrying out its constitutional mandate only because it is causing harassment and embarrassment to the applicants,” the Judge said.
She added that the two must demonstrate that they are likely to suffer real prejudice, an element they were unable to demonstrate.
The court also dismissed an application seeking to compel EACC to produce a CCTV footage of an interview conducted by the commission and Mr Oindo as well as documents confiscated from their homes.
