- He said he will be lodging a formal complaint with the Director of Public Prosecutions seeking his intervention on the matter.
- This was the second time, the agency was summoning the MP.
Image: FILE
Kimilili MP Didmus Barasa has now threatened legal action against the Ethics and Anti-Corruption Commission's (EACC) CEO over alleged “harassment”.
In a letter through Manyonge and Wanyama and Associates, Barasa has given the agency seven days to apologise for what it has termed public humiliation subjected to him.
“If you don’t stop and apologise as demanded, we will take precipitate action to protect the legal interests of the client,” he said.
It has further stated that, in the meantime, they will be lodging a formal complaint with the Director of Public Prosecutions seeking his intervention on the matter.
In the letter, the lawyer pointed out that while his client has provided a complete and satisfactory response over the matter which the agency is pursuing, the agency has reportedly camouflaged it as bribery.
Barasa was scheduled to appear at the EACC offices today for a statement recording over the matter but instead wrote a letter explaining why he is snubbing it, adding he would send a lawyer to represent him.
“This is to bring to your attention that I will not honour the summons as this is purely an abuse of the mandate of the commission...I will instead send you a lawyer,” the letter reads.
This was the second time the agency was summoning the MP.
"The Commission accords you a second opportunity to come and respond to the allegations of bribery made against you. To this end, you are required to appear at the Ethics and Anti-Corruption Commission's offices at Integrity Centre, Nairobi, on August 27, 2024, at 9 am," a letter from EACC dated August 21, 2024 reads in part.
In response, the legislator dismissed it, noting that the matter is purely a civil matter and not criminal.
He explained that in the first summons, he had been asked to appear to facilitate the commission's investigations for failure to honour financial obligations.
“I replied to your officer and indicated not to honour the said summons because the commission cannot be reduced into a debt collection agency,” he said.
The commission, he claims, has since changed, backtracked on its reasons for earlier summons, and paraphrased the second summon to facilitate an investigation of bribery claims to coerce me to pay.
He stated that the deposit of Sh2 million to his bank account was a soft loan from a politician who unsuccessfully ran for a gubernatorial seat.
“It is clear from the documents that were forwarded to the bank to facilitate transfer indicated soft loan; you can peruse them. Why I haven’t paid because of the dispute in the contractual conditions is none of your business,” he said.
"The said matter was reported to DCI Karen and was dismissed for lack of jurisdiction since this is purely a civil matter."