FORMER Nairobi governor Evans Kidero is accusing the EACC of conducting yet another illegal raid on his property without a search warrant or an order while proceedings in the same matter are alive in court.
He says tenants occupying the targeted properties were harassed and security guards intimidated and handcuffed when EACC detectives forced their way into the properties.
Kidero says 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 says.
Kidero says the action by EACC is prejudicial in light of the on going 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 says 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 states in the option filed on October 22 2018 at the high court anti-corruption registry.
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.
On October 10 2018 they also forcefully entered one of his properties, 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.
“The respondents action has caused distress, havoc and panic amongst the tenants, occupants and patrons of all properties and establishments owned by the petitioner,” Prof Ojienda states.
There is eminent danger that the tenants and occupants will vacate the properties or avoid the establishments for fear of harassment…the action amounts to economic sabotage against the petition and is intended to cripple him financially.
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 says 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 post EACC was yet to reply to the new filing.
“The respondent will not be prejudiced if the order of injuction sought is granted for the reason that it will be at liberty to continue the activities intended to be undertaken in respect of the p[properties in event that the application for conservatory orders is decided in its favour on November 1 2018,” Kidero’s affidavit reads.