Lawyer says EACC harassing Kidero

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Evans Kidero Former Nairobi governor Evans Kidero. FILE PHOTO | NMG 

Former Nairobi governor Evans Kidero has accused the anti-graft body of harassing him despite the existence of a court order barring the same.

Through lawyer Tom Ojienda, Dr Kidero argues in his latest filings that EACC has in an attempt to defeat a matter which is pending ruling, and without a court order, raided properties and establishments which he owns directly or through companies associated with him, and harassed and intimidated tenants, occupants and the patrons of the establishments.

He had filed a case last month seeking temporary orders stopping the Ethics and Anti-Corruption Commission from seizing his documents and properties on the basis of a search warrant issued on September 19. A ruling is set to be delivered on November 1.

“EACC claims it is undertaking investigations and valuations on the properties and establishments, and in the process has sought to register restrictions on some of the properties, without giving sufficient notice to Dr Kidero or the companies as required by law,” says Mr Ojienda in court papers.

The lawyer also argues in the urgent application that EACC’s action has caused distress, havoc and panic amongst the tenants, occupants and patrons of all the properties and establishments on properties associated with Dr Kidero.

He says there is eminent danger that the tenants, occupants and patrons will vacate the properties or avoid the establishments for fear of harassments.

“EACC’s action and conduct amount to economic sabotage against Dr Kidero and is intended to cripple him financially,” lawyer Ojienda in court papers filed on Monday .

The same is also a violation of his right to property, disregard to the rule of law, and undermining the judicial process.

The EACC has been investigating Dr Kidero for alleged embezzlement of public funds while at the helm of Nairobi County and Mumias Sugar Company #ticker:MSC.

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He has in separate court papers, also claimed that his assets, which are under investigation, are worth Sh563 million.

This is in contrast with the Sh9 billion properties, spread across the country, mostly land and buildings, the EACC says it is investigating.

Dr Kidero has accused the commission of over-valuing his assets and falsely listing him as the owner of some prime properties owned by other individuals to hoodwink courts into aiding a harassment campaign against him.

Dr Kidero claims that 15 of the 75 properties the EACC has linked him to are owned by other individuals.

While he admits owning 60 of the properties EACC listed as his in court, he argues that they are worth Sh563.9 million.

While arguing that Dr Kidero’s wealth is not commensurate with his known income sources, EACC said it had also found a Sh200 million balance in one of his bank accounts that it is investigating.

But Dr Kidero says the Sh200 million was a loan, which he deposited in the account.