Today, the Ethics and Anti-Corruption Commission lost in a case where they sought to produce a signed audit report in a case in which they are seeking to recover sh58 million from former Nairobi Governor Evans Kidero and 13 other accused persons.
The EACC moved to Court in 2021 seeking permission to produce a report that was not signed as part of their evidence in court.
They later on in 2024 filed another application in court seeking to be allowed to produce the signed copy.
They argued that both the signed and unsigned reports are identical and have been in their custody since 2021.
They defended themselves saying their reason for the delay in filling the document was accidental.
But in declining to grant the orders sought, Justice Esther Maina said the delay in seeking permission to file the signed audit report is inexcusable.
“This is so because counsel concedes that the report has been in the plaintiffs’ custody since inception of the suit, and no plausible explanation has been given for its omission save that it was inadvertent,” she said.
The Judge agreed with submissions made by Kidero and the 13 others that the two reports were not the same.
The font she said is different, and that the unsigned one does not have certain appendixes.
Based on that, the Judge said she is not persuaded that the application for substitution of the audit report should be allowed.
