Relief for Kidero as court blocks EACC from searching his properties
The High Court has extended orders barring the Ethics and Anti-Corruption Commission (EACC) from searching or evaluating former Nairobi Governor Evans Kidero’s properties.
In her ruling on Tuesday morning, Judge Hedwig Ong’udi further directed EACC to release any searched and seized property belonging to Kidero within 72 hours.
At the same time, the court also expunged the Director of Public Prosecution (DPP) from the case, noting that the his office that no role in the proceedings and had also not been cited for any violation.
Regarding the issue on whether EACC has jurisdiction to search public property at Mumias Sugar company where Kidero previously worked, the court ruled that the matter will be dealt with in the petition.
Judge Ong’udi had first issued temporary orders barring EACC from searching Kidero’s properties on Thursday last week a ruling on the matter on Tuesday, November 6.
“The respondents to put on hold any further search or investigations pending the ruling on 6th of November,” the court directed.
Kidero moved to court seeking orders blocking EACC from conducting further raids at his home, claiming his right to privacy has been infringed by the anti-graft commission.
The former Governor claims that since he exited politics he has been on the receiving end of “threats, attacks, harassment, witch-hunt and intimidation by the EACC and DPP.”
He alleges that the search warrant was obtained in a bid to sustain an ongoing criminal case which he claims is facing imminent failure due to lack of evidence.
In the court documents, Kidero says that he is a man of fair means who has accumulated his wealth gradually over the course of years since his first employment back in the year 1983.
However, EACC told the court that Kidero is already facing criminal charges and that the officers raided his premises looking for evidence.
On September 20 this year, detectives from the EACC raided Kidero’s home in Muthaiga and later took him to his office on Riverside Drive in Westlands Nairobi, where they mounted a search for documents believed to link him to the corruption charges he is facing.
The former Nairobi Governor has since pleaded not guilty to three corruption-related charges leading to the loss of Ksh.213 million public funds.
Kidero denied a charge of conspiring to commit an offence of fraud and two counts of dealing with suspect property leading to loss of public funds.
He is accused alongside nine others for services not rendered on diverse dates between January 16, 2014 and January 2016.
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