Ruling by Justice Sifuna emphasises the need for accountability and adherence to legal procedures to ensure enforcement agencies uphold suspects’ rights during investigations and legal proceedings.
A High Court judge has declared that the Ethics and Anti-Corruption Commission (EACC) cannot seize documents from a suspect and detain them indefinitely during an ongoing investigation.
Justice Nixon Sifuna held that, while the EACC holds the authority to investigate corruption and economic crime cases, it does not have the legal right to infringe upon the rights of individuals.
The judge said that no public office, including the EACC, should operate above the law and should be held accountable for any actions contrary to the constitution and rule of law.
In his ruling, Justice Sifuna addressed a case brought forth by Edermann Properties Limited directors, Zhang Jing and Zeyun Yang, who accuse the EACC of withholding documents confiscated from their residences and offices since 2019. The judge declared that such actions were illegal.
Additionally, Justice Sifuna criticized the EACC’s practice of charging suspects before completing investigations. He argued that this approach violates a person’s right to a fair trial and emphasized that charges should only be filed after the conclusion of a thorough investigation.
The ruling by Justice Sifuna brings attention to the need for accountability and adherence to legal procedures by law enforcement agencies, ensuring that suspects’ rights are respected during investigations and legal proceedings.
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