Ruaraka saga: Court dismisses Francis Mburus plea

A Nairobi court has declined to issue orders barring the Ethics and Anti-Corruption Commission (EACC) from further interrogating businessman Francis Mburu over the Ruaraka Land saga.

Mr. Mburu, the apparent owner of the controversial 96-acre Ruaraka land, moved to court on Wednesday seeking protection from the EACC, which he accused of harassment.

The tycoon wanted the court to temporarily bar the anti-graft body from further arresting or questioning him in regard to the controversial land, pending hearing and determination of his case.

However, on Thursday, justice Hedwig Ong’udi of the High Court Anti-Corruption and Economic Crimes Division, declined Mburu’s application noting that her division deals with criminal elements in relation to corruption and economic crimes.

She further stated that her division deals with asset recovery of public properties and economic crimes, and as such the declaration being sought by Mburu had nothing to do with what the division is mandated.

“EACC is the respondent. Return the file to the constitutional and human rights division for further directions before the presiding judge,” ruled the judge.

The city tycoon, who had been arrested on Wednesday, days after his house was raided by EACC detectives claims the anti-graft body of threatening him with a view to have him concede to “malicious demands.”

“There is sustained and malicious effort by respondent who is ostensibly acting at the instigation of the extortionists to arbitrarily threaten the applicants with a view to have them concede to their demands to unduly use of criminal justice processes to prejudice and embarrass them on basis of fabricated allegations for ulterior motive other than vindication of the law,” reads the court document.

The petitioner alleges that the EACC  is arbitrarily misusing the arms of the law to score a private advantage in the ongoing litigation by concurrently investigating questions that have either been heard and determined or are already pending in court.

The embattled billionaire businessman laments that his rights and that of his companies; Huelands Limited as well as Afrison Export and Import Ltd,  have “consistently and deliberately been violated and continue to be threatened by EACC.”

He further asked the court to order EACC officers to return title deeds, and national identification documents seized from directors of his companies.

Mburu maintains that the ownership of the said land, which is under probe, has been adjudicated in a number of cases which have been decided accordingly, hence, its his position that if anyone is aggrieved they should use court process to air grievances.