Embattled Nairobi Governor Mike Sonko has accused the Assets Recovery Agency of freezing his bank accounts without an appropriate court order.
According to Sonko, the State agency is flashing his bankers a non-existing order issued ex-parte which lapsed on December 27 last year having never been extended after the initial 14 days granted by court.
The Governor, through lawyer Harrison Kinyanjui, said he is unable to financially support himself or his family as he cannot even receive his salary as the Governor of Nairobi County.
“To continue festering these bank accounts of the applicant in the manner complained of itself is a violation of the constitution,” said Kinyanjui.
Sonko was reportedly informed by his 9 bankers — including Diamond Trust Bank, National Bank, Equity Bank, and KCB — that his accounts were frozen following an ex-parte order issued by Magistrate E. Riany on December 11 at the behest of the Assets Recovery Agency.
Lawyer Kinyanjui argued that the magistrate directed that the application by the agency be served upon the respondents and an inter-party hearing was scheduled for December 23.
He also stated that no service was effected and therefore the matter did not proceed on the said date, accusing the agency of uttering a false document to misrepresent to the governor’s bankers.
“Having not been extended beyond the 14 days initially granted in December 2019, the said orders is a nullity and cannot be legally enforced having lapsed and ought to be vacated,” read court papers.
“The Assets Recovery Agency is thus relying upon a non-existing and lapsed order to unlawfully invade and freeze the applicant’s bank accounts in breach of the constitution.”