Dr Susan Mboya, the wife of former Nairobi Governor
Evans Kidero, has faulted the Ethics and Anti-corruption Commission for treating
her as if she is an extension of Kidero’s property in investigations they are
conducting into the latter’s source of wealth.
In an affidavit filed in court, Susan says she has
been married to Kidero for the last seven years and prior to that she had
acquired several properties and continue to acquire more through her own
personal resources and means not connected with Kidero.
“The commission has treated me as though I am an
appendage, extension of a property to Kidero yet I am a separate legal entity
and person entitled to own property without attachment to Kidero. These
acquisitions are my personal properties which cannot be associated with
Kidero,” reads part of her affidavit
Susan says there can be no justification in the
commission’s seizure of documents and items that are personal to her and not
related to Kidero or the investigations being undertaken against him.
Some of the documents unlawfully seized from Susan by
the commission include her will, personal income records, investment mortgage
documents and ongoing transactions.
She says the commission’s continued invasion into her
privacy for the sole reason that she is Kidero’s wife continues a gross
violation of her rights.
“I am a
professional lady of international standing with a substantial income of my own
and not just a mere appendage and property of Kidero who is a dependent spouse
as portrayed in the cations of the commission in lumping kidero’s affairs with
mine,” she says.
documents and items are of a very personal and confidential nature and it is
very prejudicial to me that the same were seized and continue being held by
the commission notwithstanding the order for their immediate release to me,”
On November 6, Anti-corruption High court Judge Hedwig
Ong’undi issued an order directing “that any searched and seized properties
which the commission has already found to be unrelated to the matter at hand
must be released forthwith within the next 72 hours. A formally prepared
inventory shall be signed by all affected parties with a copy to each of them
and the court,”
The order was served on the commission on November 8
and the commission immediately wrote a letter to Kidero and his lawyers
notifying them to attend their offices to collect several documents and
properties itemized in their letter.
But Kidero says the documents released to him on
November 9 are an insignificant portion of what is irrelevant to the commission’s
investigations. His wife was however not invited to collect hers.
In a fresh application, Kidero now claims that the
commission has not fully complied with the order issued in court and its
conduct demonstrates that it is likely to continue in the non-compliance with
the order. He now wants the court to intervene and release all the 58
“The commission did not release documents and items
unrelated to its investigations in particular, those seized from Susan and
those seized from me but which have no relevance to the investigations claimed
to be undertaken,” he says
Kidero has also accused the commission of sending unlicensed
person to value his property, which is under investigation.
The former governor has attached copies of Kenya
Gazette Notices, which notified the public of valuers licensed to practice in
The two volumes do not contain one Pius Maithya who in
an affidavit dated October 22 said claims he is a registered Valuer and
investigator with the commission.
“I have ascertained that Pius Maithya who is in charge
of the valuations is not a registered valuer as required by sections 8 and 22
of the Valuers Act, contrary to claims in his affidavit. The Commission lacks
the legal authority to undertake the valuations,” he says.