Former Nairobi Governor Dr. Evans Kidero has lost his appeal to prevent the Ethics and Anti-Corruption Commission (EACC) from investigating his bank accounts.
The Court of Appeal judges Daniel Musinga, Asike Makhandia, and Sankale ole Kantai ruled that the issues raised by Dr. Kidero had already been settled by the Supreme Court in a February 2019 judgment.
Kidero argued that the EACC’s mandate is restricted to enforcing Chapter Six of the Constitution, which focuses on leadership and integrity, and does not extend to offenses outside the Constitution. He further claimed that the commission exceeded its authority when it obtained warrants in February 2016 to investigate his six bank accounts.
However, the Court of Appeal rejected this argument. “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,” the judges ruled.
The EACC had obtained court orders allowing them to access Dr. Kidero’s bank documents, including account opening records, statements, cheques, deposit slips, and telegraphic transfers. Represented by lawyer Ochieng Oduol, Dr. Kidero argued that the investigation was conducted without proper notice, in violation of constitutional requirements that State officers must act within the law.
Mr. Oduol also argued that the High Court’s June 2018 decision gave the EACC and investigators excessive power to request court orders for warrants without first exhausting other constitutional mechanisms for collecting evidence.
In response, the EACC, represented by senior counsel Fred Ngatia, defended the investigation, stating that the warrants were lawfully obtained. Ngatia argued that investigators only need a reasonable basis to justify probing a bank account. The Supreme Court had previously ruled that such decisions depend on what is at stake, the urgency of the investigation, and the type of evidence required.
The EACC is investigating Kidero for actions during his tenure as Managing Director of Mumias Sugar Company between 2003 and 2012, and as Nairobi County Governor. The agency is specifically seeking details regarding 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 Sugar Company and as Nairobi County Governor.
