Nairobi Governor Mike Mbuvi Sonko Thursday filed a petition seeking to stop the Ethics and Anti-Corruption Commission from investigating him, pending the determination of the case.
Mr Sonko, through lawyer Cecil Miller accused EACC, Director of Public Prosecutions and the Directorate of Criminal Investigations, among other bodies, of abusing their offices and mandate by influencing the outcome of the investigations to his detriment.
He wants the court to temporarily stop any further investigations relating to him and the file be transferred to another competent agency, to undertake the probe.
According to the City governor, almost all the allegations levelled against him have been malicious and baseless and EACC is yet to finalize any investigation against him and forward the covering report to the DPP, for consent to prosecute.
“The respondents as state officers and public officers are abusing their offices by serving partisan interests by initiating frivolous, unjustified, unwarranted and baseless allegations and complaints against those they which to settle sources with and their after influencing the outcomes of the unwarranted investigations,” Mr Miller said in a statement filed in court.
The petition said Mr Sonko has been summoned to EACC four times, in a span of three months this year, over what he termed as malicious allegations instigated against him.
The latest summons were on November 5, he said adding that he has always dutifully honoured the summons and availed himself at the Commission headquarters at Integrity Centre for questioning and recording of statement.
Mr Sonko alleges that most of the allegations levelled against him have been instigated by the Director of Investigations at EACC, Mr Abdi Mohamud, “to settle scores with the petitioner”.
He claimed that this was after he blew the whistle over the illegal sale of Integrity Centre, a matter he said he reported in 2014 but four years down the line, no investigations have commenced.
“The respondents have and continue violating the provisions of the Constitution and the Anti-Corruption and Economic Crime Act No. 3 of 2003 by sitting on, eradicating, diluting and/or distorting crucial evidence gathered in the course of investigations so as to skew investigations undertaken to favor their preferred outcomes,” he said.
He complaints that EACC has caused the arrest of innocent individuals aligned to him, who are against the malicious acts and arraigned them in court based on frivolous claims that do not meet the threshold of prosecution.
“Unless this petition is heard urgently and interim prayers granted pending the hearing and determination of this petition, the petitioner is apprehensive that the respondents will continue violating his rights and those of other innocent individuals,” he said in a sworn statement.