Appeals Court Rejects Evans Kidero’s Bid to Block EACC Bank Account Investigation
Former Nairobi Governor Evans Kidero faced a major setback as the Court of Appeal rejected his bid to stop the Ethics and Anti-Corruption Commission (EACC) from probing his bank accounts.
Appellate judges Daniel Musinga, Asike Makhandia, and Sankale ole Kantai ruled that the issues Kidero raised had already been addressed by the Supreme Court in a separate ruling in February 2019.
The EACC sought information related to Kidero’s tenure as Managing Director of Mumias Sugar Company from 2003 to 2012, and during his time as Nairobi Governor, including a memorandum of understanding with a Chinese firm.
Kidero argued that EACC’s powers are confined to enforcing Chapter Six of the Constitution and do not cover investigations into other offenses not specified therein.
He further claimed that EACC exceeded its mandate by investigating his six bank accounts after obtaining warrants in February 2016.
The judges concluded that the Supreme Court had resolved all the issues raised by Kidero, rendering his appeal baseless and dismissed.
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The EACC secured court orders to examine Kidero’s account opening details, statements, checks, deposit slips, money transfers, and other relevant banking records.
Kidero’s lawyer, Ochieng Oduol, argued that the investigations were conducted without notice, violating constitutional requirements for state or public officers.
Oduol contended that the 2018 High Court ruling gave authorities unchecked power to obtain warrants without first considering other legal safeguards for evidence collection.
However, EACC’s senior counsel, Fred Ngatia, defended the warrants, stating they were issued lawfully, requiring only a reasonable basis to investigate bank accounts.
The Supreme Court maintained that depending on the stakes, the nature of the evidence, and the urgency, prior notice may not always be necessary for investigations.
The EACC accused Kidero of amassing millions in various accounts and acquiring properties in Nairobi during his roles at Mumias Sugar and as Nairobi Governor.
Appeals Court Rejects Evans Kidero’s Bid to Block EACC Bank Account Investigation
