Court stops EACC from probing Kidero properties

Former Nairobi Governor Evans Kidero, July 2017. [Wilberforce Okwiri, Standard]

The Court of Appeal has stopped the anti-graft agency from searching properties of former Nairobi Governor Evans Kidero over alleged unexplained wealth worth Sh9 billion.

Yesterday, appellate Judges Roseline Nambuye, Asike Makhandia and Jamila Mohamed issued the orders stopping the Ethics and Anti-Corruption Commission from investigating, searching or valuing any of his properties pending determination of the appeal.

“We are convinced that the appellants have made a strong case with high chances of success to warrant stopping the commission from proceeding to search and investigate his properties over the allegations of unexplained wealth,” ruled the judges.

They added that since Kidero and his wife Dr Susan Mboya are questioning the legality of search warrants obtained by EACC to investigate their accounts, it will be unfair if the commission proceeds before the question on their ability to conduct the searches is determined.

EACC had in September 2018 obtained a search warrant from the magistrate’s court allowing them to search Kidero’s properties.

The former governor and his wife went to the High Court to challenge the search warrants but in July last year, Lady Justice Mumbi Ngugi dismissed his application and gave the anti-graft agency the green light to proceed with the investigations.

According to Kidero, EACC had illegally published a list of 58 properties they suspected to be unexplained assets when some of the properties were registered in the names of his children and purchased before he joined Mumias Sugar Company or became Nairobi Governor.