Mount Kenya University has gone to court to seek orders stopping the EACC from investigating the institution. The institution wants to restrain and block the EACC from obtaining vital information concerning the transfer and sale of property belonging to MKU.
From the documents lodged, the petitioner refers to a letter from EACC dated October 8, 2019. The letter demands that the institution to furnish the anti-graft agency with documents concerning the transaction.
“EACC requested the petitioner to furnish it with documents relating to communication between the petitioner and its former advocate Johnson Otieno,”reads the petition documents.
Intricacies from the letter addressing the Vice Chancellor reveal that EACC is conducting an investigation of professional misconduct and illegal practice by the advocate leading to disputes between MKU and Okoth and Company Advocates where Otieno had been employed.
In order to conduct the investigations, the letter reads in part, “EACC wants certified copies of instruction notes from MKU to the law firm with regards to transfer and sale of land LR No 14691/425 and Cause No 196/2016 – Timothy Ayuo v MKU.”
EACC also wants original invoices and payment vouchers for the legal services provided by the firm. However, the petitioner contends that the corruption agency has acted unlawfully by demanding that it reveals confidential advocate-client relationship.
The university claims that EACC has acted unreasonably and beyond its powers by demanding private documents.
“The actions of the EACC are in contravention of the petitioner’s constitutional rights to privacy as provided by the constitution,”reads the petition.
“If the court does not halt the infringement, the petitioner will be compelled and henceforth suffer invasion of privacy. The petitioner will be intimidated into incriminating self in a case unrelated to the current investigations,”as read part of the plaint.
Further the petitioners claim for cost and damages arising out of the suit.
Nakuru High Court. Justice Teresia Matheka granted EACC 21 days leave to file response to the petition.
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