The Nation (Nairobi)
Sam Kiplagat
4 November 2009
Nairobi — A former permanent secretary has attacked a section in the anti-corruption law saying it was discriminatory and an infringement of citizen's rights.
Citing a provision in law that allows the Kenya Anti Corruption Commission powers to inquire into properties of a citizen and which can be forfeited to the state, former PS Joseph Magari said the investigation method was discriminatory.
The former Treasury PS further said Kacc was retroactively applying the law since it had written to him inquiring into properties acquired before the Anti Corruption and Economics Crimes Act came into force.
"The fact is that the notice has been overtaken by events and Kacc is obligated to comply with the law as it is today," he said through his lawyer Pravin Bowry.
The anti-graft watchdog had written to Mr Magari in July 12, 2006 asking to list his properties acquired between 1991 and 2002.Kenya
Kacc said in the notice that there was reasonable suspicion that some of his properties were acquired corruptly. He was given 30 days to list all properties including and not limited to description, location and its approximate value.
He was also asked to state how and when he acquired them and whether he purchased, inherited or was given as gift. Failure to respond, said Kacc then, Mr Magari risked a fine of Sh300,000 or imprisonment to a jail term not exceeding three years.
He, however, moved to court saying it was an infringement of his right to own property and right to liberty.
And on Wednesday, Mr Bowry told a three-judge bench that nothing barred Kacc from writing his client another notice, "in the interest of justice", pursuant to new provisions of law.
He said it was not up to Mr Magari to speculate the motives of Kacc while issuing the notice.
"The notice puts a burden on the petitioner...the law being applied did not exist before 2003," he said.
Kacc has insisted that Mr Magari must pay for the consequences of failing to comply with the notice.
The case was adjourned to February 15 to set the judgment date.
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