The Ethics and Anti-Corruption Commission (EACC) has lauded the Judiciary for key rulings and judgments that it says have boosted the war against graft.
EACC boss Twalib Mbarak on Monday said various decisions by the courts were a morale booster to anti-graft officials involved in investigating theft of public property.
“The Commission commends the courts for their prudent handling of various corruption related matters. There have been numerous instances where actions of the EACC have been challenged in courts including through Constitutional Petitions and other proceedings, but upon interpretations of the Constitution, courts have made diverse rulings and judgements which have bolstered the fight against corruption in the country,” said Mr Mbarak in a statement sent to newsrooms.
Mr Mbarak cited a recent court verdict in the corruption case facing a former governor (Dr Evans Kidero), in which the High Court allowed the anti-graft agency to search the homes and offices of the former county boss for unexplained wealth estimated at Sh9 billion.
In the matter, the court ruled that the search warrants issued against the ex-Governor in September 2018 did not breach the law.
Dr Kidero had challenged the order obtained by EACC, saying that it was vague, overboard and open-ended and that the agency was on a fishing expedition.
The former governor and his wife accused the EACC of infringing on their right to privacy among other violations including their fundamental rights.
The governor also said the EACC had published a list of 58 properties, some registered in the names of his children and purchased before he joined politics.
However, in a ruling by the High Court, the judge said investigations into their assets in such circumstances was in public interest and cannot be deemed as a violation of rights.
In another matter, Mr Mbarak cited the High Court ruling in the Moses Lenolkulal case that paved way for vacation from office of Governors facing corruption charges.
Other cases cited by the EACC include a verdict by the Supreme Court which stayed the Court of Appeal judgement that had made it mandatory for the EACC to give notice to suspects before seeking a search warrant from court.
The judgement was made in a case against a senior lawyer in the country.
“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.
In its war against graft, EACC has in the past targeted county and national government officials to bring sanity into the public service.
For instance, it has previously managed to have four sitting governors and county and national government officials arraigned in court in various corruption cases.
Sitting Governors including Mike Sonko (Nairobi), Moses Lenolkulal (Samburu) and Sospeter Ojaamong (Busia) have been charged in court with graft-related cases, as well as former governors Evans Kidero and Ferdinand Waititu.
