The Supreme Court on Friday temporarily suspended a decision that stopped the EACC from using evidence obtained through ‘secret search warrants’ in corruption and economic crimes.
Justices David Maraga, Mohamed Ibrahim, Jacton Ojwang’, Smokin Wanjala and Njoki Ndung’u said the suspension shall be in place pending the hearing and determination of an appeal by the Director of Public Prosecutions and the Ethics and Anti-Corruption Commission.
In June last year, Court of Appeal judges Roselyn Nambuye, Peter Kiage and Sanakale ole Kanatai gave a ruling requiring the commission to issue a mandatory notice or production notice to corruption and economic crimes suspects.
The judges decreed that in the event an investigative agency wants to probe a person, it must first issue summons and give him or her a chance to furnish them with the required information before deciding whether to press charges or not.
The decision was made in respect to a case pitting lawyer Tom Ojienda against the investigative agencies over the Mumias Sugar Company saga.
The EACC had in 2015 obtained an order from a Magistrates court to have access to and investigate Ojienda's bank accounts while investigating suspected fraudulent payments of legal fees by Mumias Sugar Company.
Ojienda challenged the order at the High court and won. The DPP and the EACC appealed but lost.
The decision of the appellate court meant investigators will be required to first notify a suspect about the information needed and give them time to comply. They will only resort to search warrants if the suspect does not cooperate.
The Supreme Court justices said it is not in doubt that the fight against corruption and economic crimes is a matter of great public importance.
"In the circumstances, in the interest of justice and to provide guidance, a clear and authoritative statement of this court on the issues raised is imperative. Both decisions of the lower court have been stayed pending determination of this appeal,” they said.
