The Director of Public Prosecutions has said that the the warrants to investigate Nairobi Governor Evans Kidero’s bank accounts were issued in accordance with the constitution.
The DPP further dismissed allegations by Kidero that the application for warrants to investigate accounts under section 23 of the Anti-corruption and Economics crimes Act does not require a prior notice.
He added that the application by Kidero should be dismissed on grounds that he has failed to prove that his fundamental freedoms have been violated.
The Governor had moved to the High Court to challenge the Magistrate Court’s decision to grant the Ethics and Anti-Corruption Commission (EACC) access to his account information through the issuance of warrants.
Kidero argued that the EACC obtained the warrants to investigate his bank accounts from the Makadara Law Courts chief magistrate illegally and without notifying him.
EACC sought access to his Standard Charted US dollar account, CBA Sterling Pound account and the Evans Kidero Foundation Family Bank account, saying the commission is investigating complaints that Kidero had transferred public funds into his personal accounts.
In March 2016, High court had temporarily barred the EACC from investigating Kidero and his wife Susan Mboya’s bank accounts until a case they filed is heard and determined.
Kidero and his wife argued that the EACC obtained the warrants to investigate their bank accounts from the Makadara Law Courts chief magistrate illegally and without notifying them.
Since 2015, Kidero has fought to stop the EACC from accessing information on his personal bank transactions and those of his wife.