• Governor argues that the search and seizure at his homes in Thome and Runda “went beyond the scope of the order” and the information obtained should not be used to charge him.
• Lawyer Ayoo says the purpose of a warrant is to protect the rights of persons from unreasonable searches, seizures and unnecessary arrest.
The search warrant to investigate Kiambu Governor Ferdinand Waititu's accounts was issued lawfully, the anti-corruption agency has said.
The commission was responding to a case filed by Waititu arguing that the search and seizure at his homes in Thome and Runda “went beyond the scope of the order” and the information obtained should not be used to charge him.
Waititu wants the court to suspend the proceedings or investigations being conducted by the Ethics and Anti-Corruption Commission based on the search warrant obtained on May 22.
He also wants the court to direct the commission to return his logbooks, title deeds, reports and other items.
But the commission has asked the court to dismiss Waititu’s plea.
Advocate Charles Oyoo, for the EACC, said the purpose of a warrant is to protect the rights of persons from unreasonable searches, seizures and unnecessary arrest.
The EACC argues that granting the orders would be unnecessary as the warrant obligated it to investigate corruption and economic crimes.
“It is a principle of the rule of law that all persons, whatever their status in society, are subject to the ordinary legal rules and processes of the land. It is therefore preposterous that Waititu is not an exception,” Ayoo said.
The commission said Waititu is guilty of material non-disclosure, and has not demonstrated how his constitutional rights have been infringed.
Waititu argues the evidence before the court did not constitute or disclose reasonable grounds for the issuance of the order and warrant for search and seizure.
"The warrant, which was issued by a magistrate's court, does not state the specific offences and crimes the commission is investigating to create a connection between the items seized and the offence purported to have been committed," court documents read.
Waititu wants the EACC prohibited from future searches and seizures without hearing the affected parties.