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Kenya: Ex-City Hall Finance Chief Losses Bid to Stop EACC From Tabling Evidence

Published

6 years ago

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A former accountant at City Hall has lost bid to stop the Ethics and Anti-Corruption Commission (EACC) from tabling damning financial transactions in a corruption case.

Mr Stephen Ogaga Osiro was earning a net monthly salary of roughly Sh90,000, but he managed to amass a Sh340 million fortune in just five years.

BANK ACCOUNT

He wanted the High Court to quash an order that allowed the EACC to inspect and investigate his bank accounts and stop production of the evidence obtained.

Mr Osiro says the investigation of his account at NIC Bank without him being notified was illegal and it amounted to gross violation of his privacy.

Mr Osiro, who served in Governor Evans Kidero’s administration, said the order that allowed detectives access information concerning his bank statements, account opening documents, cheques, deposit slips and payment vouchers was made by an incompetent court.

But Justice John Onyiego ruled that allowing Mr Osiro’s application would be akin to interfering with the ongoing criminal proceedings.

He said the question on admissibility of the bank’s evidence should be determined by the presiding magistrate of the trial court.

Also the judge said addressing the issue of whether the order for search, bank opening documents and bank exhibits were properly admitted as exhibits at the trial court, is elevating the matter to an appeal, revision or judicial review.

“To allow this trend will be akin to micro-managing the trial courts thus encouraging unnecessary litigation before the High Court hence clogging the justice system,” said Justice Onyiego.

Mr Osiro, in his application dated October 11, 2019, had contended that before the detectives inspected his bank account he was entitled to notice under section 27 of the Anti-corruption and Economic Crimes Act – (ACECA) Act.

He said the requirement for a notice was mandatory pursuant to the holding of the Court of Appeal last year in a corruption case that involved Senior Counsel Prof Tom Ojienda.

But Justice Onyiego reminded him that implementation of the decision of the court of appeal was suspended by the Supreme Court and hence it cannot be of help to him.

“Whereas Section 28 of ACECA refers to service of notice upon a person under investigation, the same does not oust Section 118, 118A and 121 of the Criminal Procedure Code and Section 180 of the Evidence Act which confers authority upon EACC to conduct investigation against any person suspected or alleged to have committed a crime,” said Justice Onyiego.