Former Nairobi Governor Dr. Evans Kidero has suffered a setback in his legal battle to stop the Ethics and Anti-Corruption Commission (EACC) from probing his bank accounts. The Court of Appeal has dismissed Kidero’s appeal, ruling that the Supreme Court had already addressed the issues he raised in a previous judgment.
Judges Daniel Musinga, Asike Makhandia, and Sankale ole Kantai rejected Kidero’s arguments, stating, “The Supreme Court has addressed all the issues raised by the appellant in the Memorandum of Appeal. The complaints lack merit. Therefore, this appeal is dismissed.”
Kidero had challenged the EACC’s authority, arguing that the commission’s mandate is limited to enforcing Chapter Six of the Constitution, which deals with leadership and integrity. He claimed that the EACC overstepped its boundaries when it obtained warrants in 2016 to investigate his six bank accounts. “The EACC is not authorized to pursue matters outside the Constitution’s scope on leadership and integrity,” Kidero argued through his lawyer, Ochieng Oduol.
Oduol contended that the investigation violated constitutional requirements as it was conducted without prior notice, arguing, “The EACC and investigators were given excessive power to request court orders for warrants without first exhausting other constitutional mechanisms for collecting evidence.”
In defense, the EACC, represented by senior counsel Fred Ngatia, maintained that the warrants were legally obtained. “Investigators only need a reasonable basis to justify probing a bank account,” Ngatia stated. He added that the Supreme Court had previously clarified that such investigations depend on the urgency and nature of the evidence required.
The EACC had obtained court orders granting them access to Dr. Kidero’s bank documents, including account opening records, statements, cheques, deposit slips, and telegraphic transfers. The commission is investigating Kidero for alleged financial misconduct during his tenure as Managing Director of Mumias Sugar Company between 2003 and 2012, and as Nairobi County Governor.
The agency is particularly interested in details surrounding a memorandum of understanding signed between the County Government and a Chinese firm. The EACC alleges that Dr. Kidero received millions of shillings in various accounts and acquired properties in Nairobi during his time at Mumias and as Nairobi Governor.
