Kidero loses appeal to block EACC probe into his bank accounts
Former Nairobi Governor Dr Evans Kidero has suffered a setback after the Court of Appeal dismissed a case in which he sought to block the Ethics and Anti-Corruption Commission (EACC) from investigating his bank accounts.
Court of Appeal judges Daniel Musinga, Asike Makhandia, and Sankale ole Kantai on Monday said the questions Dr Kidero was raising in the appeal had been answered by the Supreme Court in a judgment delivered in a separate case in February 2019.
In the matter, the anti-graft body sought information against Dr Kidero during his tenure as the Managing Director of Mumias Sugar Company, between 2003 and 2012, and also during his term as Nairobi county boss, among them a memorandum of understanding signed between the County Government and a Chinese firm.
Dr Kidero argued that EACC’s mandate is limited to enforcing the provisions of Chapter Six of the constitution, and does not extend to investigating offences other than those specified in the constitution.
He submitted that the EACC acted outside its constitutional mandate in purporting to undertake investigations against him after obtaining warrants to investigate his six bank accounts, in February 2016.
“It will therefore be seen that the Supreme Court has answered all the complaints raised by the appellant in the Memorandum of Appeal. The complaints have no merit. Consequently, this appeal is dismissed,” said Justices Musinga, Makhandia and Sankale.
The EACC obtained court orders to investigate the account opening documents, statements, cheques, deposit slips, telegraphic money transfers, client instructions, bankers’ books, and any other information relating to the bank accounts.
Through lawyer, Ochieng Oduol, Dr Kidero submitted that the investigations were done without notice, yet every action or exercise by a State or public officer must of necessity comply with the constitution.
Mr Oduol submitted that in dismissing his case in June 2018, the High Court gave the EACC and any police officer or investigator a free hand to move the court at will and obtain warrants without first utilising other constitutional and statutory safeguards and mechanisms for obtaining the said evidence.
The EACC, through senior counsel Fred Ngatia, submitted that the warrants were lawfully issued and in such cases, what is required is some degree of reasonable basis upon which an investigator would seek to investigate a bank account.
The Supreme Court had held that it all depended on what was at stake, the nature of the evidence required, and the urgency with which the evidence had to be acquired.
The court further held that EACC did not have to always give prior notice to those it intended to investigate before commencing an investigation.
The anti-graft body alleges that Dr Kidero received millions held in several accounts and acquired properties in Nairobi during his tenure at Mumias and later as the Nairobi County Governor.
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Documentaries
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Primetime
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.