Lawyer Tom Ojieda gives his submissions during the hearing of a case in which he has challenged the decision by a magistrate court to grant warrant to investigate his firm’s accounts. BY SAM ALFAN Senior Counsel Professor Tom Ojienda has defended his legal services offered to Mumia Sugar Company during tenure of Nairobi Governor Dr Evans Kidero contrary to what the Ethics and Anti- Corruption Commission claim he was paid Sh 280 million on services never rendered.
Professor Oijienda told the court that EACC moved to Kibera court and obtained warrant to search his bank account without giving him a notification as required by the commission Act.
He told Justice Isaac Lenaola, that the commission investigating officers violated’s Rights, saying that chief magistrate ought not to have issued the search warrant
” There was no service effected upon the commission receiving the search warrants which is contrary to the law” he told the judge.
Professor said that there was complaints received by the EACC over the services he offered to MSC to warrant investigations and if there any the matter should be en taken to the tribunal.
He alleges that the warrants allowing the investigators to access his accounts were obtained irregularly through collusion with the Kibera chief magistrate.
“As a matter of fact, it is Mumias Sugar which owes me Sh100 million for legal services I have rendered since 2011. The company has never complained to anybody, which shows that by purporting to investigate my bank details, the EACC is acting maliciously and abusing public power entrusted to them,” said Prof Ojienda.
He said that since the company procured his services in 2011, he had executed all transactions with due diligence and wondered why the commission had singled out his law firm for investigations when Mumias Sugar has contracted 12 other law firms.
EACC through David Ruto told the court that the commission only received compliant over the payment made to the law firm of Professor Ojienda.
He said such information may have come from intelligence services or elsewhere, which commission had to investigate.
The court will deliver its judgement on October 30.