EACC stopped from accessing Kidero’s accounts
The High court has temporarily barred the ethics and anti corruption commission (EACC) from investigating bank accounts belonging to Nairobi Governor Evans Kidero and his wife Susan Mboya until a case they filed is heard and determined.
Kidero and his wife argue that the EACC obtained the warrants to investigate their bank accounts from the Makadara Law Courts chief magistrate illegally and without notifying them.
The governor and his spouse also argue the actions by the commission, Director of Public Prosecutions and the chief magistrate are unconstitutional and oppressive.
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.
Justice Joseph Onguto ordered that the case be heard between parties involved on March 15th, 2016.
Since 2015, Kidero has fought to stop the EACC from accessing information on his personal bank transactions and those of his wife.
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.
A number of corruption accusations have been made against Kidero with the latest being that he paid Supreme Court Judge Philip Tunoi Sh200 million to secure a favourable verdict in an election petition.
He is also party to a civil and counter-civil suit on the loss of funds at the Mumias Sugar Company when he was managing director.
Makadara MP Benson Mutura sued Governor Kidero and the County Government of Nairobi for failing to obtain the requisite approval before spending Sh20 billion in public funds.
According to Mutura, in the 2013/14 and 2014/15 financial years, the county government of Nairobi spent the billions “at source” as opposed to first depositing the revenue collected into the County Revenue Fund and then seeking approval from the Controller of Budget.
In 2015, Businessman Jacob Juma asked the court to freeze Kidero’s accounts, accusing Kidero of stealing Sh650 million belonging to Mumias Sugar Company, where he served as managing director.
The governor dismissed Juma’s application as an abuse of the judicial process, driven by political ill will.
The theft allegations, he said, were based on mere rumours and therefore have no legal basis.
“I never received the money in cash on behalf of the company. The sum alleged to have been paid to me by Y.H. Wholesalers Limited for the sale of 1,3450 metric tons of sugar was paid to the account belonging to Mumias Sugar Company through three different bank transfer transactions on different dates,” reads the affidavit filed before judge Isaac Lenaola.
“To freeze my accounts with respect to monies that I never took would be a great injustice to my person as I would be evidently curtailed in the use of my property due to the huge amounts of money the petitioner is requesting the court to freeze.”
He said allegations that he received the payment do not hold any water as there is evidence to show that the said amounts were, indeed, paid into a Mumias account.
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