This archive report was first published on 12 July 2019.
On March 18, 2015, the Chief Magistrate at Kibera Law Courts directed the Ethics and Anti-Corruption Commission (EACC) to probe Prof. Tom Ojienda over an account at Standard Chartered Bank, Nakuru branch linked to his law firm: Prof. Tom Ojienda & Associates.
The application alleged that Ksh. 280 million was paid into Ojienda's advocate-client account by Mumias Sugar Company Ltd for legal services he allegedly had not rendered.
However, the Court of Appeal later ruled that EACC's move infringed on Ojienda's fundamental rights and affected his interest, adding that no notice was issued to him.
According to the judgment, EACC chose the easier path of seeking warrants instead of paying due regard to the preliminary steps required under its constitutive and operative guidelines.
“Such guidelines and regulations also help EACC discharge its mandate better as it has a chance to summon suspects, be furnished with the necessary information before preferring charges against individuals. This approach aids in the fair administration of investigation under ACECA,” reads the judgment.
EACC argued that under section 26 of the ACECA-Anti Corruption and Economic Crime Revision, requires that a notice be issued only to an associate and not a suspect.
On July 12, 2019, the Court of Appeal's ruling was published, with the EACC planning to appeal the decision.
