BY SAM ALFAN.
Ethics and Anti- corruption Commission did not violate former Nairobi governor Evans Kidero and his wife’s rights by searching their homes and offices over unexplained wealth.
In her judgement,Justice Mumbi Ngugi ruled that there was nothing wrong with the search warrants, dated September 19, 2018, issued by a Makadara court authorizing the anti-graft body to search the premises owned by the couple.
Kidero together with his wife Dr Susan Mboya accused the EACC of infringing on their right to privacy among other violations.
“In my view, there was no violation of the petitioners ( Kidero and Dr Mboya’s) rights in the search mounted on the residential premises in which the duo reside,” ruled Justice Mumbi.
The search was conducted at Kidero’s homes in Muthaiga and Kisumu as well as offices in Westlands
Kidero also said EACC had published a list contains 58 properties, some registered in the names of his children, while some of the properties targeted were purchased before he joined Mumias Sugar Company and later plunging to politics.
Justice Mumbi also said the warrant that authorized EACC to investigate unexplained assets by Kidero and such investigation must require assessment of the value of the properties in question.
However the judge dismissed Kidero’s defence that EACC had no role investigating the affairs of Mumias Sugar Company, a private entity, saying the legal status of MSC does bar EACC’s investigative powers.
Dr Mboya had claimed that the EACC violated his right by raiding her home at 4am yet her only connection was marriage to Kidero. But the Judge dismissed the argument stating “While the rights of women, whether within marriage or outside must be jealousy safeguarded, it has to be acknowledged that the can be complicit, wittingly or otherwise, in the concealment of corruptly acquired assets,” she said.
The Judge said investigations of their assets in such circumstances is in the public interest and cannot be deemed violation of her rights.
EACC had obtained orders to look account opening documents, statements, cheques, deposit slips, telegraphic money transfers, and client instructions in respect to her accounts.
Dr Kidero had defended his properties saying he was a man of decent means and had accumulated his wealth over the years since his first employment in 1983.
He said since he left politics after the loss of his seat in 2017, he has been subject to threats, attacks, harassment and intimidation by EACC.
He said the search warrant was unconstitutional, defective and ought to be quashed.