Court Declines to Stop EACC from Questioning Ukur Yatani in Sh1.2bn Graft Case
The High Court has not halted the Ethics and Anti-Corruption Commission (EACC) from investigating former National Treasury Cabinet Secretary Ukur Yatani regarding accusations of misusing Sh1.2 billion during his time as Marsabit governor.
Justice Nixon Sifuna permitted Mr. Yatani and his spouse, Dr. Gumato Yatani, to initiate a case to dispute the process undertaken by the anti-corruption body.
Mr. Yatani told the court that the EACC acquired search warrants from the Milimani Law Courts on April 22, then searched his properties in Marsabit and Karen, as well as his offices.
On April 30, Mr. Yatani approached the court and stated that the anti-corruption agency claimed it was examining allegations of misappropriation of public funds, procurement misconduct, and improper awarding of contracts by the County Government of Marsabit, resulting in a loss of Sh1.2 billion during the 2013/2014 fiscal year.
Mr. Yatani claimed that there was reason to believe that the EACC might misuse the warrant to wrongfully arrest and embarrass him and his spouse if not urgently restrained.
“For the foregoing reasons, the petitioners believe that the search warrants against the 1st petitioner were issued in bad faith, in abuse of court process and/or for ulterior purposes not rationally connected to legitimate investigations,” Mr Yatani said in the petition heard on April 30.
The former CS was detained at his residence on April 24 and was interrogated by the anti-corruption agency. Afterward, he was released and instructed to report back to the Integrity Centre on May 2.
Mr. Yatani requested the court to halt the proceedings initiated by the EACC on April 22.
The ex-MP of North Horr expressed concern that the EACC officers might have planted false evidence at his Marsabit home during the unsupervised raid.
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He claimed to have been subjected to unreasonable and unwarranted harassment and embarrassment due to indiscriminate and unlawful search warrants.
His attorney, Jackson Awele, argued that the search warrant was too broad and vague, violating the rule of specificity regarding the offense that triggered the criminal investigation.
“The application for search warrants contains bare allegations without reasonable and or any evidence to substantiate the apprehensions expressed therein or to justify the orders sought thereby,” he said.
He claimed that the EACC did not provide the court with enough detailed information for the court to determine whether there was reasonable evidence of a crime being committed.
“The petitioners’ apprehensions are compounded by the manner with which the search warrants were executed including the intentional harassment, search, and confiscation of properties belonging to the 2nd petitioner (Dr Gumato) who was not a party to or subject of the impugned warrants,” Mr Yatani said in an affidavit.
Besides declaring his arrest and five-hour detention by the EACC as illegal and an abuse of authority and legal procedures, Mr. Yatani also seeks to nullify the search warrants and requests the court to mandate the return of all items taken from his offices and homes, including documents, cash, jewelry, and electronic devices.
“The 1st and 2nd respondents (EACC and the Inspector General of Police, respectively) be and are hereby ordered jointly or severally to pay the petitioners general damages for the violation of the petitioner’s rights and fundamental freedoms and the 1st petitioner’s unlawful arrest, detention, intimidation, hindrance, cruel inhuman and degrading treatment, and harassment,” he said in an affidavit.
Court Declines to Stop EACC from Questioning Ukur Yatani in Sh1.2bn Graft Case