Nairobi Governor Mike Mbuvi Sonko has moved to court seeking orders to have the EACC Director of investigations step aside from his office to pave way for his investigations in relation to allegations of corruption and economic crimes he has leveled against him.
The Governor is also seeking orders to stop investigations against him by the Ethics and Anti-corruption Commission.
He wants the Commission’s Director of investigations Abdi Mohamud and their servants from undertaking any or further investigations relating to him and having the same transferred to another competent agency to undertake other than the commission.
In his petition, Sonko says it has come to his knowledge that most of the allegations leveled against him have been instigated by Mohamud in his capacity as the Director in Charge of the Investigations Directorate in collusion with his close allies at EACC to settle scores with him.
Sonko says he has had a long running feud with the EACC and DPP regarding allegations purportedly reported to the commission by whistle blowers and has on numerous occasions been summoned by EACC to appear before it for interview and recording of statements.
“Almost all the allegations leveled against me have been malicious and baseless and the EACC is yet to finalize any investigation against him and forward the Covering Report to the DPP for consent to prosecute as is required by law,” the Governor states.
According to the county boss, his hard stance in unearthing the corrupt conduct of the Mohamud in relation to the fraudulent transfer of Integrity Centre building and the illegal sale of public utility land being LAND REFERENCE NUMBER NAIROBI/BLOCK 103/793 in which the EACC and himself (Mohamud) have been adversely mentioned has led to the said Respondents abusing their power to settle scores with him.
The governor avers that in the allegation regarding the illegal sale of public utility land being, he was the driving force towards having the same reported to EACC in the year 2014 and when he noted that four years had gone by without the commission commencing investigations, he ensured that the residents of Mugoya Estate followed up the same and kept pressure on EACC to commence the same.
It is alleged that his actions in conjunction with the residents of resolutely persisting, the commission and Mohamud had no option but to commence investigations in the matter sometime in August 2018.
He said he unearthed that Mohamud together with his associates in collusion with private individuals orchestrated the sale of Integrity Centre at an exaggerated price of Sh 1.5 billion so as to benefit from the sale proceeds.
“By unearthing the corrupt transactions that surrounded the sale and transfer of the said land and the involvement of the mohamud in influencing the purchaser who is his relative to acquire the property has led the commission and Its director to influence the course of the existing investigations,” says the Governor.
Sonko states that when an inquiry was opened by the investigating agency, Mohamud together with his close allies interfered with the investigation and altered the investigation report prepared by the Investigating Officer one Kipsang Sambai.
“To scuttle and interfere with the investigation regarding the Integrity centre, Mohamud, using his office and in conjunction with his associates at the commission ensured that the Investigating Officer Kipsang Sambai was transferred from Integrity Centre to the commission regional offices where he would not actively participate in the investigations,” adds the Governor.
He accused Mohamud of orchestrating the transfer of the said Investigating Officer more than three times in a span of two years without any justifiable cause so as to frustrate him and ensure that the said Investigating Officer cannot be said to handle the matter at all.
He said the commission had publicized the summons dated 28th October 2019 requiring the him to appear at Integrity Centre on 5th November 2019 for questioning regarding failure to declare his past criminal record and his supporters in a move of showing solidarity and support for their elected leader, gathered outside Integrity Centre awaiting for him to arrive as summoned.
“No threat at all was caused by the Petitioner or his supporters to warrant the violence and use of force employed by police officers in dealing with the Petitioner and his supporters,” he adds.
He said that the 5th Respondent (National Police Service) had deployed its officers to man the gate at Integrity Centre yet EACC has its own officers stationed within to man the gate.
He says that the said officers, acting under illegal and irregular instructions, mercilessly assaulted four individuals in his entourage causing them grievous bodily harm. The four are Kennedy Odhiambo Okoth, Richard Bosire, Joseph Kirai and John Abok.
“After assaulting the four individuals above mentioned, proceeded to arrest them and charge them in court with the offence of wilfully resisting arrest from police officers and on the charge sheet thereto they are listed as the witnesses,” the Governor says in his affidavit.
He avers that the said 5th Respondent’s officers acting under the instructions of the Commissioner of Police-James Mwaniki prevented and/or ensured that the four individuals assaulted are denied P3 Forms and Reports at Muthangari, Kilimani, Kileleshwa and Capitol Hill Police Stations.
According to Sonko, the same officers acting under the instructions of Commissioner of Police-James Mwaniki had on the previous day turned up at Nairobi County Offices seeking to enforce a fake and/or non-existent or illegal Court order of collecting a debt of Sh 293 million allegedly obtained in High Court Judicial Review Application No. 433 of 2009 Republic –versus- The City Council of Nairobi, Iris Properties Limited, Proland Limited and others.
He states that the NPS and its agents had been meeting and working closely with the directors of Iris Properties Limited and Proland Limited the exparte applicants in High Court Judicial Review Application No. 433 of 2009 Republic –versus- The City Council of Nairobi, Iris Properties Limited, Proland Limited and others to siphon funds from public institutions.