The Inspector General of Police has asked the court to dismiss the petition by Taita Taveta Governor Granton Samboja to stop his arrest and prosecution over fake academic papers.
The IG, together with the Attorney General, say the EACC has at all times acted within its respective constitutional mandate and the orders sought by Samboja are untenable.
The IG says the governor has not sufficiently demonstrated how the respondents breached the Constitution.
They further argue that it is within their constitutional and legal mandate to investigate and facilitate the prosecution of any acts of corruption, bribery, economic crimes violation of codes of ethics or other matters prescribed in the EACC Act or any other law.
“This is not a proper case which the court ought to bring the anti-corruption proceedings to a halt since the petitioner will be afforded an opportunity to defend themselves, cross examine witnesses and adduce evidence in support of their case during trial,” Joseph Boinnet said.
They further claim that the governor’s attempt to seek court’s help to halt or interfere with the lawful discharge of duties is in bad faith.
The IG and the AG say the petition is misconceived, incompetent and bad in law and the orders sought by Samboja are not tenable.
The DPP and the police are investigating Samboja on allegations that he does not possess the requisite academic qualifications. He is suspected to have forged certificates and submitted false declaration during the General Election.
The DPP argues that the investigations conducted by the EACC are within their mandate and they have not violated any right of the governor. Samboja has said he adhered to the law while vying for the electoral post as a candidate.
He says no issues were raised regarding his academic qualification. He says the EACC actions are politically motivated and that there are external forces interfering with the investigations. The matter will be mentioned on January 27.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via firstname.lastname@example.org