Nairobi Governor Evans Kidero and his wife Tuesday obtained orders stopping investigations into their private accounts over allegations of economic crime.
High Court Judge Joseph Onguto suspended for 14 days search warrants Ethics and Anti-Corruption Commission (EACC) investigators were given by a magistrate, allowing them to access the couple’s seven bank accounts over allegations that they fraudulently used them to transfer public funds.
“It is apparent that the EACC obtained the search warrants without disclosing some material facts and as such, I grant conservatory orders stopping them from inspecting the accounts, lifting the documents or investigating the telegraphic money transfers,” ruled Judge Onguto.
The EACC had claimed that Dr Kidero and Dr Susan Mboya had colluded to corruptly transfer public funds to those accounts.
The commission had wanted to search two US-dollar accounts at Commercial Bank of Africa and Standard Chartered Bank, and a sterling pound account belonging to Dr Kidero.
Others include his wife’s account at Commercial Bank of Africa and another at Family Bank operated by the Evans Kidero Foundation.
But Dr Kidero and Dr Mboya have denied the allegations and accused the EACC of acting in bad faith to illegally obtain the search warrants.
“No notice of any investigations over transfer of public funds has been issued to me or my family. They have never summoned me or any of my family members as required under the law which proves that they were acting in bad faith and malice,” said Dr Kidero.
The governor said he was only aware of EACC investigations into allegations that he misappropriated funds from Mumias Sugar Company and a contract the Nairobi City County signed with a Chinese firm for which he had been asked to record a statement.
Dr Mboya said that her income comes from foreign sources, investments and employment and that she has no capacity to steal public funds.
“Sources of the income in my accounts are easily verifiable and supported with legal documents,” she said.
Justice Onguto directed that they serve the EACC and the Director of Public Prosecutions with the court order and the application before the hearing on March 15.