Josephine Kabura’s lawyer says EACC and police are after him, seeks restraint from court

The Ethics and Anti-Corruption Commission Headquarters in Nairobi

NAIROBI: A lawyer for Josephine Kabura in the National Youth Service scandal has moved to court seeking to stop his arrest.

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

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

Mr Nyaberi is the lawyer 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 that 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, is an abuse of and ill intention," 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 that 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.