Court bars EACC from accessing Kidero bank transactions

March 1, 2016 4:16 pm
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Kidero moved to the High Court under a certificate of urgency to challenge a Magistrate Court's decision to grant the EACC access to his account information through the issuance of warrants/FILE
Kidero moved to the High Court under a certificate of urgency to challenge a Magistrate Court’s decision to grant the EACC access to his account information through the issuance of warrants/FILE

, NAIROBI, Kenya, March 1 – Nairobi Governor Evans Kidero on Tuesday obtained orders barring the Ethics and Anti-Corruption Commission (EACC) from accessing information on his personal bank transactions and those of his wife Susan, pending further directions from the High Court.

Kidero moved to the High Court under a certificate of urgency to challenge a Magistrate Court’s decision to grant the EACC access to his account information through the issuance of warrants.

Overview
  • The EACC has sought access to his Standard Charted US dollar account, CBA Sterling Pound account and the Evans Kidero Foundation Family Bank account.
  • Makadara MP Benson Mutura has also sued Governor Kidero and the County Government of Nairobi for failing to obtain the requisite approval before spending Sh20 billion in public funds.

Kidero contends that the warrants are illegal as they do not specify how far into his bank transactions the investigations can go and cover even the period preceding his election into public office.

The EACC has sought access to his Standard Charted US dollar account, CBA Sterling Pound account and the Evans Kidero Foundation Family Bank account.

When it applied for the warrants, the EACC told the court that it was investigating complaints that Kidero had transferred public funds into his personal accounts.

The matter will be back in court on March 15.

A number of corruption accusations have been made against Kidero with the latest being that he paid Supreme Court Judge Philip Tunoi Sh200 million to secure a favourable verdict in an election petition.

READ: How Kidero bought a judge: the whistleblower’s claim

He is also party to a civil and counter-civil-suit on the loss of funds at the Mumias Sugar Company when he was Managing Director.

READ: Nairobi CORD leaders seek Kidero-Khalwale truce

Makadara MP Benson Mutura has also sued Governor Kidero and the County Government of Nairobi for failing to obtain the requisite approval before spending Sh20 billion in public funds.

He alleges that in the 2013/14 and 2014/15 financial years, the county government of Nairobi spent the billions “at source” as opposed to first depositing the revenue collected into the County Revenue Fund and then seeking approval from the Controller of Budget.

Mutura has also sued the Controller of Budget, Agnes Odhiambo, whom he claims was complicit in the illegality as she took no steps to remedy the irregularity despite his making her aware.

“Pending the hearing and determination of this Application/Petition a conservatory order of injunction be issued to restrain the county from depositing any of the revenue, money raised or received by or on behalf of the County Government of Nairobi in any bank account besides the account for the County Revenue Fund established under Article 207 of the Constitution,” he prayed.

He also sought to have the EACC compelled to investigate the “unsanctioned” expenditure.

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