A chief magistrate’s court has barred the ethics and Anti-Corruption commission from interfering with the property owned by Primix Enterprises limited at upper hill in Nairobi where governor Mike Sonko’s private office is situated.
Chief Magistrate Martha Mutuku stopped the commission from further implementation of execution order they obtained to conduct evaluation of the property.
“The notice dated 28th January issued by the Ethics and Anti-corruption Commission to the interested parties has suspended or stopped,” ruled the magistrate.
Primix Enterprises moved to court seeking to suspend the order issued by the magistrate on 23rd June allowing the commission searching the property.
The company also sought an order restraining the commission and one Christine Nthiga or any person acting through them from searching , seizing , detaining or in anyway restraining the company from it property.
Through lawyer Harrison Kinyanjui the company urged the court to suspend further implementation or execution of the said order in the interest of justice pending hearing and determination of the case.
Kinyanjui told the court that the orders of 23rd June issued ex-parte are unlawful based on the fact that no reason was given for their issuance and are unconstitutional as they arbitrarily deprive the company of their right to property.
“As at the time of the issuance of the order on 23rd June there was no evidence at all before the court demonstrating fraud or alleged collusion the company’s association in any criminal activity.
He also accused of failing to disclose full material facts regarding the sale transaction subject of investigation when obtaining the order.
Kinyanjui told the court that the EACC application was brought in bad faith, mischievous and maliciously in that the transactions leading to the sale of the property subdivided from LR NO. 209/6507 matumbato upper hill were above the board and due process was followed.
The court also heard that the subject property was duly valued before the sale transaction commenced and valuation reports are available to the EACC.
In a supporting affidavit, Primix Enterprise limited director Primrose Nyamu told the court that the company entered into agreement for sale with the registered trustees of Kenya Railways Staff recruitment benefits scheme for the sale of the portion of the land measuring 0.2025 of a hectare to be exercised from LR NI. 209/6507 in the proposed subdivision of Matumbato road, Upper Hill in Nairobi.
She added that the execution of the sale agreements was competitive tendering process where KRSRBS invited entities to tender for the sale of the said property and pursuant to the invitation for the tender for the sale of the wwww of aforesaid parcels of land made a bid for taww purchase of the property which bids were11212 successful and consequently the bid was accepted by the seller.
She noted that the purchase of the portions was board and all the procedures were adhered to and there were no irregularities at all as alleged by the commission.
