FORMER Nairobi governor Evans Kidero has accused EACC of intimidation and harassment as the Office of the Director of Prosecutions told a court the commission is yet to forward the case file for consideration and directions and said it wished not to be enjoined in te proceedings.
Kidero says with the sole intention of creating the false narrative that “I illegally acquired wealth while holding public offices, EACC has misled a court that the properties in question belong to me.”
Kidero has accused the anti-corruption agency of dragging his family into allegations made against him.
Dr Kidero, who is seeking to discredit the Ethics and Anti-Corruption Commission (EACC) claims that he is worth Sh9 billion, accused the agency of taking advantage of the Magistrate Court’s search orders to cart away, among other things, his wife’s documents.
He told the court that EACC also searched the property of his wife, Susan Mboya, and his children and carried away documents although they had a right to their own investments.
EACC has since conceded and agreed to return Kidero’s properties that were seized though not connected to the nature of the purported investigations its is conducting.
According to Kidero, the EACC ought to have first asked him whether he owned all of the 75 properties it listed. He argued that 15 of them did not belong to him
“A mere search would reveal the owner of any immovable property within the republic of Kenya…it is apparent that there is no good faith in these purported investigations as perjury herein has been committed knowingly and maliciously, ” his lawyer Prof Tom Ojienda told High court judge Hedwig Ongu’di.
Prof Ojienda, said Kidero only has KSh645 million property, not KSh9 billion as sensationally claimed by the EACC.
He said one Mulki Umar from the EACC had maliciously assigned exaggerated desktop values to his assets without professional valuation.
“Nothing could be more negligent, malicious and utter show of bad faith,” Ojienda said, adding that the commission had failed to consider the actual purchase prices and the duration within which he acquired the assets.
The EACC told court it cannot ascertain whether he owns KSh9 billion property.
On October 5, the commission filed an affidavit in court listing 75 assets owned by Kidero among them properties are that does not belong to him.
Lawyer David Ruto told Anti-Corruption Court judge Hedwig Ong’undi that some have been verified to be Kidero’s.
“We did not say Kidero owns all the properties. We said allegedly. We are currently treating it as an allegation. It doesn’t categorically mean he owns them, but all the issues are under investigation. It’s after verification that petitioners will be issued with a notice,” he said.
The lawyer was responding to an application filed by Kidero three weeks ago challenging search warrants issued to the commission to seize his properties and documents.
Abuse of power
Kidero argued that the terms of the search warrant were vague, open-ended and had been abused by the EACC, which had gone on a fishing expedition “in a desperate bid to look for incriminating evidence” against him, his family and employees.
“If the commission had followed the law and requested him, he would have readily and willingly provided all information it sought on ownership, years of acquisition and purchase prices of all the listed properties,” Prof Ojienda said.
Prof Ojienda said as a result of the injurious and deliberate malicious falsehoods deponed by Mulki Abdi Umar his reputation in the eyes of the general public has been irredeemably injured.
“I am appalled by the extreme arrogance and exhibition of abuse of power by the 2nd respondent, EACC, in that it claims its has powers top search and seize private citizens property without a search arrant.It seems the self vested jurisdiction only applies when it comes to my family making it apparent that EACC is out to maliciously intimidate harrass and continously threaten me and my family,” a further affidavit filed in the proceedings reads.
Kidero is apprehensive that his rights may continue to violated if EACC is not stopped.
In an affidavit he states that ever since he quit active politics EACC has harassed and intimidated him,
Ruling is on November 1 2018.