The High Court in Kakamega has awarded a businessman Ksh500,000 after his home was raided by the Ethics and Anti-Corruption Commission officers.
The court ruled that businessman Simon Ongong’a Mulama's rights had been violated when his home was raided in April 2018.
“EACC has been holding Simon Mulama’s goods without any charge for close to two years. On November 8, 2018, this court made an order for the bags to be released, but EACC declined to do so,” Justice Nyaga Njagi said.
The judge awarded the businessman Ksh500,000 for violation of his rights.
“I don’t think a mere declaration of violation of rights would be sufficient. An award of damages is warranted. I award Mulama Ksh500,000 in general damages for infringement of his rights,” the Judge added.
Simon had also claimed that the officers carted away Ksh306,000 during the raid. The court, however, declined to order EACC to pay for the damages, instead ordered them to pay for the cost of the petition.
EACC officers had raided the home after being tipped off that the businessman was allegedly keeping subsidized state fertilizer, repackaging it and selling to unsuspecting buyers.
The team of officers from Eldoret had trailed the businessman from the National Cereals and Produce Board (NCPB) in Eldoret to his home in Harambee, Bungoma County. He had reportedly bought 225 bags of fertilizer.
Upon inquiring about the motive of the raid, he was referred to the EACC’s regional offices in Eldoret.
He would then proceed to court and obtained an anticipatory bail fearing for his arrest. He was, however, told to wait as the matter was still under investigation.
After waiting for months without any charges being pressed against him, the businessman went to court to get an order to have his 225 bags of fertilizer returned.
