, NAIROBI, Kenya, Apr 7 – The High Court on Tuesday ordered the Ethics and Anti-Corruption Commission (EACC) to file a report on its investigations of lawyer Tom Ojienda’s bank account over allegations that he received Sh280 million from Mumias Sugar Company (MSC).
The order was issued by Justice Isaac Lenaola after Ojienda complained that the decision to probe his account at Standard Chartered Bank was granted unlawfully.
The lawyer has opposed the EACC probe into allegations that Nairobi Governor Evans Kidero deposited Sh280 million in his account as legal services given to MSC.
The EACC argues that the legal services were not rendered but Ojienda has asked the court to halt the EACC investigations into his bank account.
In his argument, the EACC lacks the legal basis to interfere with issues regarding legal fees he charged MSC.
He argued that only the Advocates Disputes Tribunal has the legal authority to order for his account to be inspected.
“EACC and its investigators are neither the Advocates Complaints Commission nor the Disciplinary Tribunal hence lacks basis to purport to investigate an alleged dispute paid by a client,” the former Law Society of Kenya Chairman argued.
Ojienda has accused the EACC, Kibera Chief Magistrate’s Court and forensic investigator Julius Muraya of colluding to investigate his account at Standard Chartered bank.
He denies that he received money from MSC as legal service fees but instead alleged that MSC owes him over Sh100 million in legal fee arrears which he says he is entitled to tax the company.
In obtaining warrants to investigate his bank account, Ojienda says the respondents patently breached his rights under Articles 40 (1) of the Constitution that militates against arbitrary deprivation of his property.
The lawyer seeks a declaration that the warrant to investigate his account violates his constitutional rights and fundamental freedoms.
Ojienda further wants the court to direct the Director of Public Prosecutions and police to investigate and prosecute EACC officers for forgery.