The Court of Appeal in Nairobi, comprising Justices Daniel Musinga, Milton Makhandia, and Patrick Kiage, has dismissed a petition filed by former Nairobi Governor Dr. Evans Kidero, who sought to prevent the Ethics and Anti-Corruption Commission (EACC) from investigating his bank accounts. The ruling, delivered on Friday, 20th September 2024, allows EACC to continue its investigations into Kidero’s financial dealings.

The case originated in 2016 when EACC obtained a court order from the Chief Magistrate’s Court granting access to multiple bank accounts associated with Kidero as part of investigations into allegations of corruption, economic crimes, and unexplained wealth during his time as Nairobi Governor and Managing Director of Mumias Sugar Company.

Kidero had initially challenged the investigation in the High Court, but in a judgment delivered on 8th June 2018, a panel of judges (Justices George Odunga, Chacha Mwita, and John Mativo) rejected his attempt to block EACC’s access to his financial records. This prompted Kidero to take the matter to the Court of Appeal.

In his appeal, Kidero argued that certain provisions of the law giving EACC its investigative powers were unconstitutional and violated his fundamental rights and freedoms. However, the Court of Appeal upheld the earlier decision, dismissing Kidero’s petition and affirming EACC’s right to continue its probe.

With this judgment, the EACC is now free to finalize its investigations into Kidero’s financial transactions. The case highlights the ongoing scrutiny into Kidero’s tenure as both the governor of Nairobi and his time at Mumias Sugar, amid allegations of financial misconduct.

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