This archive report was first published on 10 July 2020.
Nairobi Court Bars EACC from Accessing, Valuing Mike Sonko's Office ¶
On July 10, 2020, Milimani Law Courts Chief Magistrate Martha Mutuku issued orders suspending the Ethics and Anti-Corruption Commission's (EACC) access to Primix Enterprise Limited's property, which hosts Nairobi Governor Mike Sonko's private office.
The property, owned by a company whose director is Sonko's wife Primrose Mwelu, has been at the center of a dispute between EACC and Primix Enterprise Limited. EACC had obtained an order to conduct an evaluation of the property, but Primix Enterprise Limited opposed the orders, arguing that they were malicious and unconstitutional.
According to court documents, Primix Enterprise Limited purchased the parcel of land identified as LR. 2096507 from Kenya Railways Staff Retirement Benefits Scheme in 2017. The company's lawyer, Harrison Kinyanjui, denied that the premises were situated in Upper Hill, as indicated by EACC, and termed the initial orders obtained by the agency as malicious.
Primrose Mwelu argued that the cancelled orders were obtained ex parte and unfairly allowed EACC access to her private residence and business premises. The court also directed EACC to serve Primix afresh following the suspension and/or staying of the orders.
Primix Enterprise Limited's lawyer, Harrison Kinyanjui, submitted that the property was valued before a sale transaction was executed, and the clients have valuation reports. He further argued that failure to stay the orders granted to EACC would expose his clients to irreparable damage and deny them their right to privacy.
The court's decision comes a week after detectives from the anti-graft agency unsuccessfully attempted to gain access to the offices after the respondents' lawyers demanded a search of the premises and a valuation.
