Kisumu county assembly speaker Onyango Oloo has sued the Ethics and Anti- Corruption Commission seeking to stop his prosecution.
Also sought is an order to bar any future searches of his property or home by the EACC. Oloo's application arose out of a search conducted at his homes in Syokimau and Kisumu on June 4 by anti-graft officials.
Oloo, through his lawyer James Orengo, is further asking the court to compel the commission to return all documents which include logbooks, reports and cheques it took from his home together with a firearm and ammunition.
In his suit papers, the speaker says just like any Kenyan he is entitled to the right to privacy which protects him from having his homes searched and information about his family unnecessarily revealed.
He said he is not aware of any investigations against him that are being conducted and if there are any, he has not been given an opportunity to defend himself.
All he knows, he said, is the fact that the officers obtained a search warrant from a lower court before conducting their raid.
He believes the lower court was irrational in issuing the search warrant.
The search warrant in itself, he says, violated the requirement of particularity and was expansive and intrusive.
"The search and seizure were, in essence, a fishing expedition based on general exploratory rummaging of applicant's (Oloo's) belongings and property," he said in his suit papers.
He informed the court that the EACC officers also searched his mother's home despite the fact that there was no warrant for that.
"The search of my parents' home and my mother's house was not authorised by the court and was, therefore, unconstitutional, illegal and unjustified," Oloo says.
Edited by R.Wamochie
