Justice Nixon Sifuna of the High Court has taken the Ethics and Anti-Corruption Commission (EACC) to task over its handling of seized documents. The judge ordered the immediate return of documents seized from a former Kenya Revenue Authority (KRA) employee, underscoring the need for the EACC to act within the boundaries of reasonableness and transparency. This ruling serves as a reminder of the delicate balance required in upholding investigations without infringing on individuals’ rights to privacy and due process.
The case in question involves Joseph Chege Gikonyo, a former KRA employee, who sought the return of documents seized by the EACC during a raid on April 19, 2018. The EACC had alleged that between 2010 and 2015, Gikonyo and his associate, Lucy Kangai Stephen, accumulated unexplained assets amounting to Sh597 million. As part of their investigation, the EACC seized documents from Gikonyo’s premises, which he argued were essential for his defense and were not being used for ongoing investigations.
Justice Sifuna’s ruling came after Gikonyo applied to have the documents returned, arguing that the prolonged retention of these documents by the EACC was unreasonable and lacked legal justification. In his judgment, Sifuna emphasized that the law was not designed to grind people down indefinitely under the guise of investigations. “It is unreasonable, absurd, pretentious, and legally unsupportable for an investigative agency such as the EACC to raid a person’s premises, cart away documents supposedly for investigations, and thereafter stay with the documents for six years,” Justice Sifuna stated in his ruling.
The judge’s concerns reflect broader issues regarding the EACC’s handling of documents and its mandate to conclude investigations within a reasonable timeframe. Sifuna highlighted that investigations should not be open-ended, emphasizing the need for the EACC to make its findings known promptly. He noted that justice and transparency require that investigations do not turn into perpetual inquiries that unfairly hold onto individuals’ documents indefinitely.
This ruling is not just about one case but serves as a critical reminder to the EACC and other investigative bodies about the need for accountability in their operations. By insisting on the return of the documents within 30 days, Sifuna underscored the importance of adhering to the principles of fairness and transparency. “I hope that the EACC being a public entity running in the will of over 50 million Kenyans and public funds should be transparent and accountable in its actions and should not act with such impunity,” he remarked.
The judge’s decision comes at a time when public trust in the EACC has been waning, with concerns about its effectiveness and transparency in handling corruption cases. This ruling could potentially mark a turning point in how investigative agencies handle seized documents and the duration for which they retain such evidence. It is a call for the EACC to respect due process and ensure that its actions do not violate the rights of individuals.
The ruling is also a reminder that the EACC’s powers are not absolute and must be exercised responsibly and within the bounds of the law. By returning the documents, the EACC is expected to set a precedent for transparency and accountability, signaling that investigations will be conducted swiftly and fairly. This ruling is likely to influence how similar cases are handled in the future and may prompt legislative or policy changes to streamline the process of handling seized documents.
In conclusion, Justice Sifuna’s ruling is a significant step towards restoring public confidence in the EACC’s ability to conduct investigations transparently and fairly. The 30-day deadline to return the documents to Gikonyo represents not only a correction in this specific case but also a broader call for reform in the investigative processes of anti-corruption agencies in Kenya. As the EACC moves forward, it must heed the judge’s advice and ensure that its actions align with the principles of justice, transparency, and accountability.
