I, Evanson Waweru, do hereby make an oath and state as follows:
I am a businessman of sound mind working in Nairobi and internationally and I’m owner of Era Two Thousand enterprises and big superstores registered in 1998
I would like my accounts at Barclay’s Bank of Kenya Limited unfrozen. EACC by an application on October 5,2017, sought to have my accounts frozen for the first time in July 2017 for three months. When the period expired they came back and asked for a three-month extension, which was granted. It expired in December last year.
I have been advised by my counsel… that under Section 56(3) of the Anti-Corruption and Economic crimes Act, Cap 65 Laws of Kenya, the duty is borne on the Respondent to move this Honourable Court in good time before the expiry of the said orders so as to seek for their extension.
The EACC in this case have not moved this Honourable Court seeking to have the orders granted on the 14th day of September 2017 extended at all.
It’s now more than six months since the EACC commenced investigations on the subject bank accounts and the Respondent has never been able and/or willing to inform this Honourable Court or the Applicants the status of the investigations.
I aver that the time granted to the Respondent to conduct investigations regarding the subject bank accounts is sufficient and as such I should now be allowed unrestricted access to my bank accounts.
Investigations need to come to an end, hence, the freezing orders should not be in place at the convenience of the Respondent.
The EACC in obtaining the orders on September 14, 2017, had indicated to the Court that the Applicants had irregularly and suspiciously acquired a sum of Sh1,173,234,004 from the said State Department of Planning and Statistics, Youth Affairs and Interior during the period between January 1, 2016, and August 31, 2016. This is not true.
EACC based on its suspicion on a letter dated on the 31st day of August 2017 from the Principal Secretary, State Department of Planning and Statistics which unequivocally stated that the State Department of Planning and Statistics had never dealt with my company.
I therefore ask the court to unfreeze my accounts because EACC has no case with me.
EXCERPTS FROM WAWERU’S AFFIDAVIT