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Evans Kidero was the Nairobi governor and MD of Mumias Sugar Company from 2003-2012.

Kidero is fairly a man of means who accumulated wealth gradually since his first employment in 1983. Kidero has invested heavily in real estate, stock markets, shares and the service industry. He is a classic example of a ‘worker bee’.

Since he left politics after the 2017 polls, he has been the recipient of continued threats, attacks, harassment, witch-hunt and intimidation by the EACC, the 2nd respondent. On August 8, Kidero was unceremoniously arrested for alleged commission of economic crimes while he was Nairobi governor. The criminal case is ongoing.

My client was therefore shocked, scared, terrified, humiliated and severely traumatised when on September 20, at about 4am, his Muthaiga home was raided and turned upside down by 40 mean, vicious and gun-wielding officials of the 2nd respondent.

Officers had a search warrant dated September 19. He was held hostage and falsely imprisoned at his home until 12pm with no consideration of his dignity protected under Constitution Articles 28 and 29. There were similar raids at his home in Kisumu and office in Westlands.

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The unnecessary humongous procession of heavily armed EACC officers then proceeded to seize documents and/or properties not only belonging to Kidero but also his wife, Susan, and their children.

They also seized documents and/or properties of Kidero’s late wife Abigale and son Philip Kidero. They seized documents belonging to the 5th-9th petitioners, companies with separate legal entities, though the search warrant was with respect to Kidero only, violating their rights to privacy, dignity, property, fair administrative action and fair hearing.

The commission is limited to ensuring state officers observe the principles of leadership and national values under the Constitution and the Leadership and Integrity Act.

Any employee (current or former) is therefore not a public officer but a private citizen over whom the EACC has no jurisdiction.

Kidero and his family are clearly under attack by a state institution and deserve protection of this Honourable Court.

Excerpts from lawyer Ojienda’s affidavit

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