Kenya opposes lawyer Tom Ojienda’s bid on Mumias Sugar Company

NAIROBI: The State has opposed an application by lawyer Tom Ojienda seeking to bar the Ethics and Anti-Corruption Commission (EACC) from investigating his bank account over the Mumias Sugar Company (MSC) scandal.

Ojienda moved to the High Court in April seeking to quash warrants allowing the anti-graft agency officials and the Director of Public Prosecutions to investigate his bank account.

He said EACC officers, Michael Kasilon and Eustace Waweru, obtained the warrant irregularly as he was not asked to appear before a Kibera court to take part in the determination of the request.

However, Tobiko, Inspector General of Police Joseph Boinett and EACC through State counsels David Ruto, Francis Njoroge and Fredrick Achimosi yesterday told the High Court that it was within the commission's mandate to investigate any complaints received for further action.

"In a situation where MSC is a listed public company, it is inconceivable that those alleged to have committed economic crimes cannot be investigated. If the petitioner is to be believed, then how can investigations be concluded if everybody hides behind property and private rights," Ruto submitted.

The lawyer said EACC received information relating to the Sh280 million paid irregularly to Ojienda for legal services that he did not render to MSC.

Justice Lenaola said he will deliver the ruling on the matter on October 30.