Former Nairobi Governor Evans Kidero has maintained that restrictions placed by the anti-graft body on his properties are illegal because he acquired most of it as a private citizen.
In an appeal, Kidero also faulted the Ethics and Anti-corruption Commission saying it went overboard while seeking to conduct a search at his homes and offices three years ago.
The EACC has since renewed its fight against Kidero’s wealth and intends to inspect and valuate properties he acquired when he was a private citizen and more particularly when he was Managing Director of Mumias Sugar company.
Kidero says he received some letters dated 6 July 2021 from EACC and from its content, it is apparent that the commission is going to inspect and valuate his properties.
The former County chief claims that the commission is using a ruling dated October 9 2020 as a basis to commence afresh the processes of investigation, inspection and valuation of his properties despite a pending appeal.
Last year, Justice Mumbi Ngugi dismissed a petition by Kidero and allowed the anti-graft agency to search his houses and offices.
Aggrieved with the decision, Kidero appealed saying Mumbi failed to appreciate or caution herself that he was still innocent because he has not been found guilty of any criminal offence.
The appeal is pending determination before the Court of Appeal. Interim orders have been issued restricting the commission from going on with the valuation process.
In his appeal, Kidero says the search warrant obtained against him dated 19 September 2018 was illegal.
He says the anti-graft body violated his rights to property by purporting to inspect, evaluate and register restrictions against his properties without any notice.
According to the court documents, EACC also violated Susan Mboya’s rights by searching and seizing her properties on the basis of the search warrant dated 19 September 2018 when it was not directed at her merely because she is Kidero’s spouse.
“The search warrants were only issued against me and not the companies Gem Investments, Gem Apartments and Orro Limited. The search warrant could therefore not be used to search the properties merely because I am a director in the said companies,” he says.
Kidero indicates that the EACC does not have jurisdiction to investigate, valuate and inspect the properties that he acquired when he was a private citizen and more particularly when he was the MD of Mumias.
“If the Commission is not restrained from carrying out the illegal searches, investigation and valuation of myself and the properties, then the appeal shall be rendered nugatory and the basis of appeal defeated,” he says.
The court will deliver its ruling on 19 November.
