High Court: EACC has investigative powers

Ethics and Anti-Corruption Commission Chief Executive Officer Halakhe Waqo appears before Senate's Justice and Legal Affairs Committee on June 6, 2018. Parliament needs to give some serious consideration to a bill recently introduced by Aldai MP Cornelly Serem to disband EACC. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • One case was filed by the Evans Kidero Foundation while the other was by Kenya for Justice and Development Trust.
  • They said the law does not confer EACC with powers to undertake criminal investigations just like the police and the DPP.

The Ethics and Anti-Corruption Commission has investigative powers on economic crimes, the High Court has ruled.

Justices George Odunga, Enoch Chacha Mwita and John Mativo on Friday dismissed two cases challenging some provisions of the Anti-Corruption and Economic Crimes Act.

“In view of our analysis of the facts, the submissions by the parties, the law and authorities, the conclusion becomes irresistible that these cases must fail,” the judges said.

One case was filed by the Evans Kidero Foundation while the other was by Kenya for Justice and Development Trust, a lobby.

CHAPTER SIX
They had sued the Director of Public Prosecutions, EACC, the police as well as the Makadara magistrates courts.

The two argued that EACC’s mandate is limited to enforcing the provisions of Chapter Six of the Constitution and does not extend to investigating offences.

They said the law does not confer EACC with powers to undertake criminal investigations just like the police and the DPP.

The lobby and the foundation wanted EACC compelled to stick to its mandate of enforcing Chapter Six and that where a crime is suspected or has been committed, it should be referred to the police.

SEARCH WARRANT
The foundation had also protested the fact that Mr Evans Kidero was summoned by the EACC regarding investigations touching on Mumias Sugar company, in which he served as the managing director between 2003 and 2012.

While serving as Nairobi governor, he was summoned on investigations regarding a deal between his administration and a Chinese company.

Mr Kidero said he furnished EACC with the necessary information in both instances but the commission went ahead to seek for search warrants from the court.

COMPLAINT

He said EACC officers sought to obtain warrants to inspect and lift copies of statements, account opening documents, original cheques, mandate cards, bankers’ books and other materials over “fraudulent transfer of public funds to his personal accounts as well as involvement in corrupt practices”.

The judges ruled that if need be, the foundation should challenge the warrants separately but faulted it for transforming such a grievance into a constitutional issue.

“We see no inconsistency between the powers donated to the EACC and the provisions of the Constitution. The Legislature acted within its powers when it enacted the law,” they ruled.