NAIROBI, Kenya – Former Nairobi Governor Evans Kidero’s bid to block an investigation into his bank accounts has failed after the Court of Appeal ruled in favor of the Ethics and Anti-Corruption Commission (EACC), allowing the agency to proceed with its probe.
The ruling, delivered by a panel of judges including Daniel Musinga, Asike Makhandia, and Kantai ole Sankale, dismissed Kidero’s appeal, which argued that the EACC had exceeded its mandate in investigating his financial records.
The probe relates to allegations of irregular acquisition of public funds during his tenure as Nairobi Governor and his previous role as Managing Director of Mumias Sugar Company.
Kidero had contended that the EACC’s mandate is restricted to enforcing Chapter Six of the Constitution, which pertains to integrity and leadership, and that it should not investigate offenses unrelated to those outlined in that chapter.
However, the appellate judges disagreed, stating that the Supreme Court had already addressed similar issues in a separate case in 2019.
“The Supreme Court has answered all the complaints raised by the appellant. The complaints have no merit. Consequently, this appeal is dismissed,” the judgment, delivered on September 20, read.
The decision paves the way for the EACC to access Kidero’s financial records, including bank account opening documents, statements, cheques, deposit slips, and money transfers, as part of its broader investigation into corruption allegations.
Kidero’s legal team, led by lawyer Ochieng Oduol, argued that the EACC’s actions were undertaken without notice and, as such, did not comply with due process.
Despite these claims, the Court of Appeal’s ruling now gives the anti-graft body the green light to continue its investigation.
The ruling, delivered by a panel of judges including Daniel Musinga, Asike Makhandia, and Kantai ole Sankale, dismissed Kidero’s appeal, which argued that the EACC had exceeded its mandate in investigating his financial records.
The probe relates to allegations of irregular acquisition of public funds during his tenure as Nairobi Governor and his previous role as Managing Director of Mumias Sugar Company.
Kidero had contended that the EACC’s mandate is restricted to enforcing Chapter Six of the Constitution, which pertains to integrity and leadership, and that it should not investigate offenses unrelated to those outlined in that chapter.
However, the appellate judges disagreed, stating that the Supreme Court had already addressed similar issues in a separate case in 2019.
“The Supreme Court has answered all the complaints raised by the appellant. The complaints have no merit. Consequently, this appeal is dismissed,” the judgment, delivered on September 20, read.
The decision paves the way for the EACC to access Kidero’s financial records, including bank account opening documents, statements, cheques, deposit slips, and money transfers, as part of its broader investigation into corruption allegations.
Kidero’s legal team, led by lawyer Ochieng Oduol, argued that the EACC’s actions were undertaken without notice and, as such, did not comply with due process.
Despite these claims, the Court of Appeal’s ruling now gives the anti-graft body the green light to continue its investigation.
