EACC wants Waititu’s bid to stop his prosecution dismissed
The Ethics and Anti-Corruption Commission(EACC) on Monday asked the court to dismiss an application by Kiambu Governor Ferdinand Waititu claiming that search warrants that had been issued to the commission were illegal.
In court documents, the commission argues that Waititu’s application accusing EACC of harassing him, through illegally obtained search warrants, is premature adding that he has not disclosed the manner in which his constitutional rights have been infringed.
The investigating commission says that the warrants to investigate the accounts of Waititu were lawfully issued pursuant to the constitution.
In the case, Waititu wants the court to stop his prosecution following a search conducted at his homes and office last month by EACC.
”The application is frivolous, incompetent and improperly before court and an abuse of court process, ” reads EACC’s court documents.
The anti-graft body further claims that it is a principle of the rule of law that all persons irrespective of their status in society be subjected to the legal rules adding that Waititu is not an exception.
According to Waititu, the search that was done by the EACC at his homes in Thome and Runda went beyond the scope of the order. He wants the information obtained not to be used to charge him.
The governor says that the search warrants given to the EACC to search his homes are illegal, adding that the offences and crimes were not particularized in the warrants.
Waititu wants the court to order EACC to return all documents including cheque books, log books, title documents and other items including materials, equipment and various articles seized.
He claims that unless the court intervenes, he is apprehensive that the said orders are susceptible to further abuse by EACC to his harm.
“The search warrant was formulated and crafted in a manner that designed to be a catch fall trap and instrument that allowed the EACC to turn upside down and ransack my houses and belongings,” says Waititu in an affidavit.
Waititu, his wife Susan Wangari and their daughter Monica Njeri, the directors of M/S Testimony Enterprise, are being sought alongside top county officials over alleged graft relating to Ksh.588 million road tenders.
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