, NAIROBI, Kenya, Oct 23 – Former Nairobi Governor Evans Kidero has accused the Ethics and Anti-Corruption Commission (EACC) of making yet another illegal raid on his property without a search warrant or an order while proceedings in the same matter are alive in court.
In a new affidavit filed at the High Court, Kidero said tenants occupying the targeted properties were harassed and security guards intimidated and handcuffed when EACC detectives forced their way into the properties.
According to Kidero, the new raid smirks of malice and that EACC is hell bent on crippling him financially. He is accusing EACC of economic sabotage and seeks the court’s intervention.
“EACC conducted the new raid in an apparent bid to cure its transgressions already pointed out in a petition pending determination on November 1 2018,” Kidero said.
Kidero said the action by EACC is prejudicial in light of the ongoing proceedings in court in which he seeks a conservatory order to stop EACC from raiding his premises, properties and targeting companies of which he is a shareholder.
“The 2nd respondent (EACC) has already filed a replying affidavit, and a further affidavit by Mulki Abdi Umar, where values of the properties were overstated on basis of claimed desktop valuations, an issue that the petitioner has attributed to malice and abuse of power in the conduct of the purported investigations,” court papers read.
According to Kidero, EACC “cannot purport to remedy its transgressions by undertaking the inspection and valuation of the subject properties when the matter is pending determination by the court.”
Kidero’s lawyer Tom Ojienda said EACC’s conduct amounts to a continued violation and infringement of his fundamental rights more so, the protection of property.
“It is a disregard of the law and undermines the judicial process and authority of the court and should be restrained by an order of injuction,” Ojienda stated in the option filed on Monday.
EACC detectives forcefully entered Kidero’s property on October 18 2018 in Nairobi harassed, intimidated tenants and proceeded to search and inspect the property without a court order.
Kidero accused EACC detectives of forcefully entering his properties on October 10 where they detained and handcuffed security guards employed to guard the property while a notice of inspection stated the exercise would be conducted on October 22 2018.
Kidero says the fresh raid is a determined effort to defeat, countermand the decision in the ruling scheduled for delivery on November 1 2018.
He argues it is also calculated to render his petition and request for conservatory orders “nugatory” and without the sanction of a warrant or an order of the court.
Kidero has restated that all the properties against which he seeks the injunction were acquired before he became a state officer and cannot be subject of investigation.
By the time we published this report EACC was yet to reply to the new filing.