EACC vs. Kidero: The Battle Begins
On February 7, a three-judge bench at the Court of Appeal announced their decision in the case of former Nairobi Governor Evans Kidero against the Ethics and Anti-Corruption Commission (EACC). Kidero had petitioned the court to stop the EACC from proceeding with a legal suit over the alleged embezzlement of Ksh58 million from the Nairobi City funds.
The Court’s Ruling
The court dismissed Kidero’s petition, stating that he did not provide sufficient reasons that would indicate that allowing the EACC to proceed with the legal suit would infringe on his right to a fair trial. The court ruled that Kidero had not satisfied the principles required for consideration in an application under Rule 5(2) (b) and that it was not in the public interest to stay in the proceedings.
EACC Celebrates the Ruling
The EACC welcomed the ruling, saying that it gave the agency the much-needed boost amid its recent struggles in prosecuting high-profile cases. The commission stated that the ruling would reduce the time taken in the disposal of anti-graft cases and create a good precedent for the many petitions and Judicial Review Applications that EACC faces in the event of concurrent civil and criminal cases against the same parties.
Debate Among Kenyans
The EACC’s celebration sparked debate among Kenyans who questioned whether the judicial system only applied to a few following the recent dropping of cases by the commission. Some Kenyans took to social media to voice their concerns, asking why the judiciary was dishing out amnesty selectively and if it was because Kidero was on the wrong side of the political divide.
