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Sonko’s urgent case against EACC yet to be heard

Sonko addressing journalists after recording statements at EACC on November 4. He was accompanied by his lawyer Cecil Miller. Photo/CFM.

NAIROBI, Kenya Nov 28 – An urgent application lodged by Nairobi Governor Mike Sonko against the Ethics and Anti-Corruption Commission (EACC) and its director of investigations failed to be heard for the third time on Thursday.

The matter had been slated in the cause list to be heard before Justice John Onyiego at 11am but parties were asked to move to Justice Mumbi Ngugi’s court.

After an hour-long wait, lawyers in the matter were asked by the Deputy Registrar to go back before Justice Onyiego since Justice Ngugi had received an urgent call of a bereavement.

When lawyers appeared before Justice Onyiego, the judge said the matter had been wrongly listed before him in the cause list and was properly before Justice Ngugi who was seized of the matter.

Justice Onyiego however declined to issue conservatory orders and directed that the application be heard before Justice Ngugi on December 3.

He directed parties to respond to an amended Notice of a motion and Certificate of Urgency filed by lawyer Cecil Miller on behalf of Sonko.

Among the new prayers sought by Sonko is an order blocking his arresting and prosecution or instigating any charges related to the investigations against him pending an inter-partes hearing of his application.

Governor Sonko also wants the EACC Director of Investigations Abdi Mohamud to step aside from his office to pave way for his investigations in relation to allegations of corruption and economic crimes leveled against him in the petition in accordance with the provisions of the law.

In the suit papers, Governor Sonko says EACC and Mohamud “have showed open bias, discrimination and unprofessionalism in the conduct of their investigative role in relation to corruption and economic crimes as provided for in the Anti-Corruption and Economic Crimes Act No. 3 of 2003 by unlawfully, illegally, selectively and discriminately pursuing investigations against the petitioner.”

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Parties will be required to file and serve their responses to the amended application by close of business on Monday.

Lawyer Miller has urged the court to give an early hearing date, saying this was the third time the application had failed to be heard.

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