Court declares EACC search of James Oswago's homes legal

PHOTO | WILLIAM OERI IEBC chief executive officer James Oswago at Integrity Centre in Nairobi on October 29, 2013.  NATION MEDIA GROUP

In Summary

• Judge Ngugi ruled that the warrants were to ensure that entry into Mr Oswago’s homes was within the law
• Mr Oswago was suspended after he was charged with abuse of office and failing to comply with procurement regulations

 

By PAUL OGEMBA
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Suspended Independent Electoral and Boundaries Commission chief executive officer James Oswago has lost a bid to stop the Ethics and Anti-Corruption Commission from conducting a search of his homes.

Lady Justice Mumbi Ngugi ruled that the EACC legally obtained the warrants to search Mr Oswago’s homes in Nairobi and Siaya Counties and that stopping them would be an infringement on their duties.

“I cannot find anything irregular in the search warrants allowing the police to carry out their duties. The contention that they were issued in another court and extracted from a different court does not make the warrants invalid,” ruled Judge Ngugi.

In any event, Judge Ngugi ruled that the warrants were to ensure that entry into Mr Oswago’s homes was within the law and authorized by the court to stop the police from violating his rights.

Mr Oswago sought to stop police raids on his homes, accusing the anti-graft watchdog of peddling wild allegations of corruption against him over the controversial purchase of BVR kits for the last general elections.

He accused the EACC of violating his privacy and property rights, going against the rule of law and natural justice and violating elementary standards of investigations.

According to suspended IEBC boss, the EACC had summoned him and he complied and gave information regarding the procurement of the Biometric Voter Registration kits and Electronic Voter Identification Devices used in the last polls, and therefore the commission was not justified to search his residences.

Mr Oswago was suspended after he was charged with abuse of office and failing to comply with procurement regulations relating to the purchase of the Sh1.3 billion kits for the last elections. (READ: IEBC chief executive suspended)

He was charged alongside deputy Commission Secretary in charge of Support Services Wilson Kiprotich Shollei, Director of Finance Edward Kenga Karisa and procurement manager Willy Gachanja Kamanga, all of who have been suspended.

The charges were a culmination of a recommendation by the Supreme Court in April 2013 after the conclusion of a petition by former Prime Minister Raila Odinga which challenged the election of President Uhuru Kenyatta.

The judges ordered investigation and prosecution of electoral commission officials who may have been involved in impropriety during the procurement of electronic equipment for use during the polls.

According to the judges, it was likely that the procurement of the electronic systems was marred by competing interests involving impropriety or even criminality at the Independent Electoral and Boundaries Commission.

They all denied the charges and are out on a cash bail of Sh500,000 pending the hearing of the criminal case next month. (READ: 36 set to testify against suspended IEBC boss Oswago)