Police are after me, says Josephine Kabura's lawyer

A lawyer representing Josephine Kabura in the National Youth Service scandal case yesterday moved to court to stop his arrest.

He wants the Ethics and Anti-Corruption Commission (EACC) and the police stopped from arresting him.

Lawyer Samson Nyaberi filed an affidavit at the Milimani Law Courts, claiming he had been summoned by EACC and the police to record statements on information he received from Ms Kabura over the Sh791 million scandal.

Mr Nyaberi is the lawyer at whose law firm Kabura swore the explosive affidavit that linked former Devolution Cabinet Secretary Anne Waiguru to the scam.

"The investigators cannot compel me to disclose information received by virtue of advocate-client relationship, which information is confidential and privileged," Nyaberi claims.

He further says he cannot be required, as an advocate for Kabura, to give information regarding communication between him and her.

"The action of the respondents (EACC and police) to have me record statements in regard to the discharge of my responsibility as an advocate for a client is illegal," he says.

Nyaberi says he received letters dated February 16 and April 6 asking him to go to the EACC offices and record a statement.

Further, he claims the Inspector General of Police on April 12 sent police officers to his offices with the intention of arresting him.

"The decision to summon the applicant and require his appearance for purposes of giving information pertaining to a matter before court to EACC and IG is made in bad faith," Nyaberi said through lawyer Kennedy Orangi.

Nyaberi claims on April 11, at about 11am, two EACC officers came to his office  and threatened to arrest him if he didn't commit to go to their offices.

He says the investigators even demanded that he hands over Kabura's case file but he declined. Nyaberi further claims the bid to investigate and have him record statements is illegal.

"The EACC and police's decision despite being illegal, unlawful and an abuse of power, is also actuated by malice as the applicant is only acting as advocate for a person under investigation who has a right to be represented by an advocate," he said.