THE High Court yesterday quashed a warrant allowing the Ethics and Anti-Corruption Commission to investigate lawyer Tom Ojienda’s bank account over legal fees paid to him by the Mumias Sugar Company.
Justice Isaac Lenaola ruled the probe is a violation of the law.
The EACC has been investigating claims that Nairobi Governor Evans Kidero wired Sh280 million to Ojienda’s personal account for legal services to Mumias, which it believes were not rendered.
Ojienda has maintained that any money he received from the sugar miller were for legal services he provided.
He had earlier told the court the EACC in collusion with Kibera chief magistrate, clandestinely and without any notice to him, obtained a warrant to investigate his account in Standard Chartered Bank, Nakuru branch.
Ojienda said at no point did Mumias Sugar or anybody complain to the EACC or its investigators that the company paid him any legal fees without him providing the services.
“The commission, by purporting to investigate my bank details when there is no complaint, is clearly acting maliciously and abusing public power entrusted to it,” he said.
Ojienda says Mumias Sugar procured his legal services from 2011 to date and he has always executed all transactions he receives from the company meticulously, diligently and with distinction.
He says to date, the company owes him more than Sh100 million in legal fees arrears.