A Nairobi court on Friday issued an order barring the Ethics and Anti-Corruption Commission (EACC) from scrutinizing a property owned by Primrose Mbuvi, the wife of Nairobi Governor Mike Sonko.
Chief Magistrate Martha Mutuku ordered EACC to stop interfering with the property located along Matumbato Road in Upperhill behind the five-star Radisson Blu Hotel.
The injunction was issued after Primix Enterprise Limited, a company owned by Primrose, moved to court to challenge an order obtained by EACC last month allowing it to conduct an evaluation of the property that hosts Sonko’s private office.
“The order issued on June 23rd including any further implementation or execution of the said order in the interests of justice and fairness is hereby stayed,” Magistrate Mutuku said and set an inter-party hearing date for July 16th.
In the application filed through lawyer Harrison Kinyanjui, Primrose argues that the orders issued ex-party to EACC are unlawful since no reason was given for their issuance.
Kinyanjui further avers that the orders are unlawful and unconstitutional as they arbitrarily deprive his client of the right to property and privacy.
Primrose in her affidavit says she entered into the sale agreement for the property after conducting proper due diligence.
“The transaction leading to the sale of the property subdivided from LR NO.209/6507 Matumbo Upperhill were above board and due process was followed,” court papers read.
EACC has been investigating how the property was acquired from the Kenya Railways Staff Retirement Benefits Scheme for about Sh500 million. This was after it emerged that the land was undervalued.
The anti-graft agency has been scrutinizing tender documents, minutes of the tender committee, sale agreements, payment documents, approved subdivision documents, and the main title deed.