A Milimani court will on Tuesday rule on whether it will compel Kitui politician Millitonic Mwendwa Alias Kitute to provide passwords of his electronic gadgets to EACC sleuths who are probing him for allegedly impersonating their officers.
The gadgets are mobile phones and laptops including an Apple MacBook.
Mwendwa was arraigned in court on Monday, April 22, where the prosecution sought to have him detained for 14 days as they completed their investigations.
But they later abandoned this request saying "We believe every suspect deserves to be accorded all rights under the constitution."
They instead asked the court to release him on condition that he appear at EACC offices whenever required for questioning.
The politician was arrested in Kitui on April 10 following a complaint made against him.
During his arrest, EACC and DPP said they managed to recover several items in his possession including a mobile phone registered with Safaricom under the name of Nicodemus Nguli Kasee.
They also found a Law Society of Kenya member identification card bearing Mwendwa's name when it's known that he is not an advocate.
"Preliminary investigations by the commission reveal that Mwendwa is a serial fraudster seeking for benefit from members of the public on the house of being an employee of EACC as well as other institutions," read their affidavit.
It further states that Mwendwa has previously recorded statements with the EACC on other cases of a similar nature and has also been charged in court with offences of impersonation.
His advocate was opposed to his client being compelled to provide passwords for the gadgets saying it was in breach of his rights.
He told Magistrate Zipporah Gichana that out of the 12 gadgets, two belonged to his client.
He argued that the allegations before the court were mere fabrications meant to discredit his client to seek political mileage.
But the prosecution asked the court to disregard the claims saying no evidence has been tabled in court to prove the same.
The court released the suspect on condition he appear before the EACC when required to do so but said it would rule on the issue of the gadgets at 10 am tomorrow (Tuesday).
