The court has said it did not order the seizure of Sh2 million from the house of former Kakamega Governor Wycliffe Oparanya.
Chief Magistrate Thomas Nzyuki said the Ethics and Anti-Corruption Commission went beyond the scope of the search warrant in seizing the money.
"The seizure of the Sh2 million by the EACC cannot be explained. Equally, the sum of Sh2 million is not an exhibit before this court, so it cannot continue entertaining any further litigation over this particular sum," the Chief Magistrate said.
The court ordered the two parties; EACC and Oparanya, to seek to settle the matter through other legal channels.
He reiterated that the court issued search warrant did not spell the seizing of the sought amount.
"I, therefore, make the following orders that this matter is hereby marked as closed and parties in their own devices are at liberty to pursue the state of the sum of Sh2 million through other legal means outside this publication," Nzyuki said.
The money was part of items seized by EACC sleuths on August 23, following search warrants issued by the court.
The court had on September 6, ordered EACC to release any devices or documents that are not relevant to a case in which they are probing Oparanya, on allegations of improper acquisition of property.
A day later, through Advocate Philip Kagucia, the Commission however told Chief Magistrate Nzyuki that the money could not be released as they were yet to establish its source.
"The court is saying Sh2m is a small amount to Oparanya but It's a significant amount for the people of Kenya. Give us time to probe" Kagucia said.
Contesting EACC's move to hold the money, Oparanya through his Advocate Davis Osiemo said the search warrants had clearly defined what was to be seized.
He further told the court that the money was for school fees for one of Oparanya's children studying abroad.
Osiemo presented in court invoices and documents showing that the money was crucial to them for the sake of the child's fees.
