Narobi governor Dr Evans Kidero has lodged a twin edged crusher against on going investigations against Mumias Sugar Company and an MoU signed between the county government and a Chinese firm.
He is asking the high court in a petition to declare, on the one hand that the corruption watchdog, EACC, has no mandate to investigate and on the other, quash warrants to probe his accounts at Standard Chartered bank and Commercial bank on grounds that the circumstances surrounding the obtaining of warrants dated February 24 and given to one Dennis Joseck Mare in Makadara Chief magistrate’s court ” breached his rights and fundamental freedoms under the provisions of the constitution.
The DPP has applied for the file to be transferred to the Anti-corruption division of the high court.
It is to be mentioned before the presiding judge on January 30 and a possible setting of a three judge bench to hear the petition.
The governor is former managing director of Mumias Sugar Company Limited where he served between 2003 and 2012 before he resigned and contested, and won, in March 2013.
Kidero says the EACC initially sought to investigate his accounts on February 22 2016 through one inspector Mulki Abdu Umar who presented an application before the Milimani law court chief magistrate.
Application had been declined
He says the EACC also asked the court for a search warrant allowing access into his houses ” for some information required for the purpose of an alleged investigation.”
“The said application was placed before Edda Agade, who declined to allow the application,” Kidero states in the filing.
he says that on February 24 2016EACC was back in court through one of its officers Dennis Joseck Mare, but this time at the Makadara Cheif magistrate’s court, in a new application to have access to his as well as Evans Kidero Foundation family Bank account.
“in the said application, the respondent sought to inspect and lift copies of statements, account opening documents, original cheques, mandate cards,bankers books and other relevant materials in respect to his bank accounts,” Kidero says.
He says the application is premised on allegations that EACC is investigating alleged fraudulent transfer of public funds to his personal accounts and that he is involved in corrupt practices and economic crimes, of which he denies being aware of.
“The petitioner is not aware, has never been informed nor has he been given any notice of such allegations against him,” says the governor.
He says a violation of his rights occurred when EACC agents did not ” disclose to the Makadara court that “it had made a similar application at the Milimani chief magistrate’s court but which had been declined.”
“By obtaining warrants to investigate the petitioner’s accounts, without any notice to and hearing of the petitioner or to Evans Kidero Foundation, the respondents patently breached the petitioner’s right to a fair hearing and access to justice,” the document reads.