High Court denies former CS Ukur Yatani anticipatory bail plea

By , K24 Digital
On Tue, 14 May, 2024 21:13 | 2 mins read
Ukur Yatani
Former Treasury CS Ukur Yatani. PHOTO/ Amb. Ukur Yatani, EGH(@BaloziYatani)/X

The High Court has declined a plea by former Treasury Cabinet Secretary Ukur Yatani who is facing Ksh 1.2 billion corruption allegations for anticipatory bail.

Justice Chacha Mwita on Tuesday, May 14, 2024, rejected an application by Yatani to issue orders on anticipatory bail, saying he needs to hear from other parties including the Ethics and Anti-Corruption Commission (EACC), Attorney General Justice Muturi and the Inspector General of Police Japhet Koome.

Yatani application

The Judge, however, ordered Yatani, EACC, AG and IG to appear before him on June 14, 2024, for the hearing on his application seeking to stop his intended arrest and prosecution over links to the Marsabit Multi-billion scandal.

The directions by the court were issued after Yatani through Advocate Jackson Awele sought anticipatory bail pending investigations and hearing of his petition challenging the search warrants and his arrest late last month.

At the same time, EACC has denied claims of planting fabricated evidence to frame Yatani.

In a response to the suit by the former CS, the commission says the allegations are not backed by any evidence hence unsubstantiated.

In his lawsuit at the High Court, the former treasury boss's search warrants were issued on April 22, 2024, by a Milimani Magistrates Court.

The magistrate's court orders allowed EACC Detectives to raid the premises of the former CS and seize various documents including sale agreements, transfers, jewellery, money, electronic devices and other items relating to the ongoing probe.

"They were done in a manner intended to aid the EACC and inspector general of police in a fishing expedition or to cause us to self-incriminate," Yatani says in his application.

According to Yatani, the search warrants granted to EACC by the lower court do not specify any offence known to the law that he is alleged to have committed.

He says that he was arrested without notice and driven to EACC where he was allegedly held incommunicado for more than five hours without access to counsel.

Yatani's thoughts

"This was a violation of article 49 (1) (c) which entitles me to communicate with an advocate and other persons whose assistance is necessary," Yatani says.

The EACC has revealed that former CS Yatani together with the sitting Marsabit Governor Ali Mohamed Mohammud, top county officials and close family members are under investigation for theft of public funds, abuse of office, procurement irregularities, conflict of interest and unexplained wealth.

The commission is said to be investigating the former CS and current Marsabit County officials who have been linked to a suspected multi-billion graft probe, totalling Ksh 8.2 billion.

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