This archive report was first published on 9 June 2020.
June 9, 2020 - The Ethics and Anti-Corruption Commission (EACC) has praised the Judiciary for its crucial role in the war against corruption in Kenya.
EACC Chief Executive Officer Twalib Mbarak acknowledged the Judiciary's efforts in a statement, saying that the various decisions by the courts have been a morale booster for EACC officials involved in investigations of theft of public property.
"The commission commends the courts for their prudent handling of various corruption-related matters," said Mr Mbarak. "There have been numerous instances where actions of the EACC have been challenged in courts, but upon interpretations of the Constitution, courts have made diverse rulings and judgments which have bolstered the fight against corruption in the country," he added.
Mr Mbarak cited a recent court verdict in the corruption case facing former Nairobi governor Evans Kidero, in which the High Court allowed the anti-graft agency to search his homes and offices for unexplained wealth estimated at Sh9 billion.
The court ruled that the search warrants issued against the former governor in September 2018 did not breach the law, despite Dr Kidero's claims that the order was vague, overboard, and open-ended, and that the agency was on a fishing expedition.
Dr Kidero and his wife had accused the EACC of infringing on their right to privacy, among other violations, including their fundamental rights. However, the High Court said investigations of their assets in such circumstances was in public interest and cannot be deemed as a violation of their rights.
Mr Mbarak also cited the High Court ruling in the Moses Lenolkulal case, which paved the way for vacation from office by governors facing corruption charges. Additionally, the EACC CEO mentioned a verdict by the Supreme Court that stayed the Court of Appeal judgment, which had made it mandatory for EACC to give notice of information to a suspect before seeking a search warrant from Court.
"The decisions by the courts were a major development as they brought clarity on some of the legal interpretations that had slowed down the pace of the anti-corruption war. The verdicts were timely," said Mr Mbarak.
