Kulei order to state wealth dropped

By Lucianne Limo

Nairobi, Kenya: A prominent businessman got a reprieve when the High Court dismissed an order requiring him to declare his wealth.

High Court Judge David Majanja ruled that the notice by the then Kenya Anti-Corruption Commission (KACC) seeking information on Joshua Kulei’s wealth was unconstitutional.

The court noted that the notice the defunct KACC issued to Kulei to furnish them with information on his wealth under Section 26 of the Anti-Corruption and Economics Crimes Act (ACECA) was amended.

“First before the notice is issued there must be an ongoing investigation and the person must be reasonably suspected of corruption or economic crimes and the basis for such suspicion must be set out in the said notice,” ruled Majanja.

He said the former KACC director should have stated specific property as Section 26 prevents the commission from proceeding on a fishing expedition without a reasonable basis pointing to specific property implicated in suspected corruption or economic crimes.

“I think it would be unfair for the petitioner to be required to answer to a notice that does not meet the standard set by the amended provisions when investigations are to be carried out under the new legislation,” said the judge.

Statement of property

Kulei had moved to court to challenge a notice requiring him to furnish the anti-graft body with a statement of property under Section 26 of the ACECA eight years ago.

In the notice dated July 12, 2006, the anti-corruption body directed Kulei to enumerate all his property including description, location and approximate value within 30 days.

Kulei told the court the notice was an intrusion into his privacy, inhumane and amounted to degrading treatment.

He was also required to state the period he acquired each property, especially in respect to that acquired between 1991 and 2002, and how it was acquired by stating if through purchase, gift or inheritance.