Senator Tom Ojienda suffers blow in Ksh.280M Mumias Sugar payment case

Kisumu Senator Prof. Tom Ojienda has suffered a blow after the Supreme Court overturned a decision that stopped his probe back in 2015.

In the said ruling, a decision which required the Ethics and Anti-Corruption Commission (EACC) to give notice to the suspects of graft and economic crimes about the information needed and give them time to comply was overturned.

On March 18, 2015, the Chief Magistrate at Kibera Law Courts directed the EACC to probe Prof. Ojienda over an account at Standard Chartered Bank, Nakuru branch linked to his law firm, Prof. Tom Ojienda and Associates.

The application alleged that Ksh.280million was paid into Ojienda’s advocate-client account by Mumias Sugar Company Limited for legal services he allegedly had not rendered.

Aggrieved by the said move, the lawmaker at the time moved to court and sued EACC with respect to the said investigations.

Ojienda said the probe and the warrants were illegally obtained.

Both the High Court and the Court of Appeal found that the EACC violated Prof Ojienda’s constitutional right to fair administrative action, in its probe into the alleged Ksh.280 million payment by the Mumias Sugar Company.

The Appellate court further said that the search infringed on Prof. Ojienda’s fundamental rights and affected his interest, adding that no notice was issued to him.

However, in a judgement issued on Friday, the Supreme Court ruled that EACC is not required to give written notice prior to commencing an investigation in all situations.