Kenya: Constitutional Court Refers Sonko's Petition Seeking to Block EACC Probe to Economic Crimes Division

21 November 2019

Nairobi — Nairobi Governor Mike Sonko's petition to bar the Ethic and Anti-Corruption Commission (EACC) from investigating alleged misappropriation of funds has been reffered to the Anti-Corruption and Economic Crimes Division of the High Court.

Justice James Makau Thursday said the matter will be placed before a duty Judge in the Anti-Corruption and Economic Crimes Division on Friday.

He also declined to issue any orders sought by parties saying the issues will be canvassed on Friday.

Sonko's counsel, Cecil Miller had told Justice Makau of the Constitutional Division of the High Court Thursday morning the governor was ready to be probed by any State agency except EACC and its Director of Investigations, Abdi Muhamud, whom he accused of bias.

Miller told Justice James Makau that his client was still receiving numerous summonses from the EACC and Mohamud, even after filing a case seeking to stop what he termed as a malicious probe.

"The petitioner (Governor Sonko) is not saying he is above the law but pending hearing and determination of this matter, EACC and Mohamud should be barred from investigating him."

"The petitioner is ready to be investigated by any other competent body as is willing to respond to any summons," he added.

Lawyer Miller told the court that Sonko will continue to suffer prejudice unless the orders sought are granted.

He told the court that Governor Sonko will be prejudiced because he is pursuing the investigation of Mohamud whom he accused of grabbing of land in Mugoya Estate in South C and the acquisition of a parcel of land on which Integrity Centre, EACC headquarters, sits.

Lawyer Miller had also sought time from the court to allow him file responses to an application by the EACC and Mohamud to have the petition transferred to the Anti-Corruption and Economic Crimes Division of the High Court.

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