Drama as EACC officers try to serve Opposition leader Raila Odinga over Eurobond

From left is Siaya senator James Orengo, CORD Leader Raila Odinga, senate minority leader Moses Wetangula, MP Kasarani T.J Kajwang chats after EACC officials visited CORD leader at his Capitol Hill office, upper Hill, Nairobi on 10/12/15 [PHOTO: JENIPHER WACHIE/STANDARD]

Anti-corruption officials stormed Opposition leader Raila Odinga’s private offices in Nairobi to serve him with summons to appear for questioning over the Eurobond saga.

The Ethics and Anti-Corruption Commission (EACC) officers blocked the main entrance and exit of Capitol Hill offices using their vehicles.

Raila declined to be served personally but his secretariat received the summons. He also declared that he would not appear before EACC.

“I will not go. I will not be compelled. I will not be intimidated. I will not be blackmailed. I told them where the problem is and that is final,” said a furious Raila.

He dared the commission to arrest and prosecute him, saying it would not be the first time for such an action to be taken against him and that there will be consequences if they try.

He claimed the EACC wants to deny him his dignity by summoning him as a suspect to their offices.

Raila also said the commission was operating illegally without commissioners. “It is like a chicken without a head. They have even failed to crack the Chickengate scandal that was open,” he said.

Raila, senators Moses Wetangula, James Orengo, Johnston Muthama and Member of National Assembly Tom Kajwang and lawyer Paul Mwangi later walked out of the offices and left the officers there.

Raila and his team walked to the nearby Nairobi Club about 200m away, forcing the EACC officers to leave.

In a statement to newsrooms last evening, EACC boss Halakhe Waqo stressed that the director and investigators have the power, privileges and immunities of police officers and can summon anybody. Waqo further explained that EACC has been gazetted as a police station and has powers to compel anybody to honour summons to shed light on an ongoing investigation.

He referred to Section 46 of the Leadership and Integrity Act which criminalises refusal by a public officer to aid in an ongoing investigation, by withholding vital information.

“The Act makes it an offence to obstruct, hinder, assault or threaten an officer of the commission and if charged under this Act, a person is liable on conviction, to a fine not exceeding five million shillings or imprisonment for a term not exceeding five years or both,” said Waqo.

Sh140 billion

Four officers arrived at Raila’s offices at about 5pm to serve him with summons to appear before EACC on Monday to share with them any information he may have on Eurobond. Raila has claimed that the Government cannot account for Sh140 billion.

They were armed with a letter written by Waqo and summons signed by Inspector Fredrick Mwangi.

The summons threatened Raila risked arrest if he failed to comply. “I have reasons to believe that you Raila Amolo Odinga have information that may assist me in my investigations.

“In exercise of the powers conferred to me under section 52 of the National Police Service Act 2011, I require you to attend before me at the Ethics and Anti-Corruption headquarters on December 14, 2015 at 10am without fail for further directions. Be warned that failure to comply with the above requisition will render you liable to prosecution,” read the summons.