The Supreme Court Judges overturned an appeals court decision requiring EACC to notify graft suspects before conducting investigations.
The Court of Appeal upheld the High Court’s decision that the EACC violated Prof. Tom Ojienda’s constitutional rights when it began an investigation into a Ksh 280 million payment made to his advocate-client bank account by Mumias Sugar Company Ltd without notifying him.
The Supreme Court ruled that requiring the EACC to notify suspects prior to certain investigative actions would render it ineffective in its work.
Notably, such notices would eliminate the crucial element of’surprise’ in criminal investigations, among other things.
“Strictly speaking, the exercise of these powers cannot be described as administrative action under Article 47.”
“How, for example, can conducting a house search or making an arrest be considered administrative actions?” the Supreme Court bench ruled.
