Court Of Appeal Allows EACC To Access Former Nairobi Governor’s Wealth

By Tajeu Shadrack Nkapapa

The Court of Appeal, comprising of Justices Musinga, Makhandia, and Kantai, has rejected a petition submitted by former Nairobi Governor Dr. Evans Kidero, which aimed to prevent the Ethics and Anti-Corruption Commission (EACC) from probing his bank accounts.

The ruling was issued on Friday, September 20, 2024.

According to the commission  the former governor moved to the High Court after EACC obtained orders from a Chief Magistrate’s Court to access his accounts.

“Kidero moved to the High Court in 2016 after EACC obtained Orders from the Chief Magistrate’s Court to access multiple bank accounts linked to the Governor on investigations into allegations of corruption, economic crimes and unexplained wealth allegedly amassed during his tenure as Nairobi Governor and Managing Director of Mumias Sugar Company,” EACC  said on an X post.

On June 8, 2018, the High Court, comprising Justices Odunga, Mwita, and Mativo, dismissed Kidero’s attempt to prevent the Ethics and Anti-Corruption Commission (EACC) from proceeding, which subsequently led to an appeal to the Appellate Court.

In his appeal, Kidero contended that several legal provisions empowering the EACC to conduct investigations were unconstitutional and posed a risk to his fundamental rights and freedoms.

In effect, the Court of Appeal Judgement clears the way for EACC to finalize the investigations.