By Njonjo Chengo
There is a public outcry after the voice of an EACC detectives is heard trying to threaten witnesses in a case in which the graft body is accusing Amailo investment Company of not delivering goods to the county government of Turkana.
The company now has gave to the public damning details hence exposing the rot within the graft body.
The EACC had sued the company in the case but now according to the sources , it’s scrambling with witnesses of the defense team giving them kickbacks in an attempt to push them on their side of compel them to withdraw from the suit.
The company through lawyer Jack Bigambo is now expressing it’s displeasure and the the EACC boss to interact and bring the officers in question to face the law.
In a letter to the EACC, Chief Executive Officer dated May 18,2023 and copied to the Commission of administrative of justice, the Directorate of public prosecution, the Registrar High court of Kenya and the President of the Law Society of Kenya, the Company says it is surprised on the matter.
“We write to express our reservations , consternations and revulsion in the manner in which investigations and the attendant outcome thereof has been carried out in this case.,” The letter reads in parts. It adds, ” The EACC filed the suit against the company in June 2022 at the high court at Nairobi, Anti- Corruption Division Seeking orders to freeze our clients bank accounts on the guise of false allegations that our clients that clients had been paid Sh 24,999,600 by Turkana County for the service not rendered, information which is well within your knowledge,” the lawyer in the letter.
The lawyer said that the case is currently pending before Justice Nixon Sifuna, awaiting compliance with provisions of orders 11 of the Civil Procedure Rules setting down matters for the hearing of the main suit.
“It has come to our knowledge that the investigating officer in this case has gone on a tour of witness tampering and bribery and intimidation with the intention of negatively influencing the case of the company,” it added.
The defence says that the behavior of the company does not reflect the real virtue of the EACC.
“We content that the skulduggery action and undertaking by the investigating officer in this case derogates the core principles of the EACC which are: Fidelity to the law, professionalism and integrity, it is our duty to inform you that the said investigating officer has approached four witnesses to my knowledge, threatened them and prevailed on them to falsify their statements and render false accounts of the true facts that gave rise to this case which negates the tenets of impartiality and are a recipe for maladministration of justice,” said lawyer Bigambo.
The company says that the said investigators had in previous occasions handed pre-written statements for their signatures without having had the opportunity to listen to their true accounts which is against the law.
The company further narrates how the said investigators attempted to buy a witness some lunch and drinks if he complied with his illegal tricks of making his testimonies irrelevant.The investigator officer in the mention is David Mutua.
When reached for comment EACC said it will respond to the matter but urged the partied to raise the same in court.
