The Ethics and Anti-Corruption Commission (EACC) has denied claims of planting fabricated evidence to frame former Treasury CS Ukur Yatani in the Sh1.2 billion probe.
The commission in response to an application filed by Ukur and Dr Gumato Yatani says those claims remain unsubstantiated as there is no evidence to back them.
In an affidavit, Idris Garane an investigator with the agency revealed that preliminary investigations have vindicated their accusation against Ukur in the probe.
They have asked the court to dismiss Ukur's application in which he alleges violation of rights and at the same time seeks anticipatory bail.
Ukur in his application has challenged the warrants saying they were vaguely drafted.
"They were done in a manner intended to aid the EACC and inspector general of police in a fishing expedition or to cause us to self-incriminate," Ukur says in his application.
The search warrants were issued on April 22 by a Milimani Magistrates court this year. It authorised EACC sleuths to enter the premises of Ukur Yatani and seize documents, sale agreements, transfers, jewellery, money, electronic devices and other items relating to the ongoing probe.
However, Yatani through Advocate Jackson Awele says the search warrants do not specify any offence known to the law that Ukur is alleged to have committed.
Ukur explains that after the search, he was arrested without notice and driven to EACC where he was allegedly held incommunicado for more than five hours without access to counsel. This he says was a violation of article 49 (1) (c) which entitles him to communicate with an advocate and other persons whose assistance is necessary.
He has questioned why offences committed in 2013 are suddenly being investigated in 2024.
The argument is that his rights have been and continue to be threatened and the courts should intervene.
However, Justice Chacha Mwita on Tuesday said he will not grant the orders on anticipatory bail until he hears from other parties including the EACC, AG and IG.
He directed all parties to appear before him on June 14 to argue the application.
