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EACC rescues Nakuru whistleblower from police

Integrity Centre

Integrity Centre that hosts Ethics and Anti-Corruption Commission (EACC) offices in Nairobi.

Photo credit: File | Nation Media Group

The anti-corruption watchdog has intervened to protect a whistleblower from harassment for exposing the alleged Sh100 million land grab in Nakuru.

The Ethics and Anti-Corruption Commission (EACC) summoned senior police officers in Nakuru and urged them to stop the prosecution of Mr Simon Sankale Ole Nasieku on suspected trumped-up charges.

Mr Nasieku, the chairman of the Karimbux Baringo Stage Stall Owners and Traders' Association, has been vocal about the alleged illegal seizure of the three acres in the city.

He was the first to raise the alarm about plans by a private developer to demolish the stalls on the disputed land, using proxies to evict the traders.

Despite opposition from the traders and a directive from Nakuru County Executive Member for Trade, Stephen Kuria, the developer demolished the stalls to occupy the land.

Mr Nasieku's troubles began on May 1 when hired goons demolished structures on two parcels.

After speaking out against the developers' actions, he was arrested and taken to Nakuru Central Police Station on charges of threatening a resident in connection with the demolitions.

It was later revealed that the complainant may have links to a powerful county politician.

Mr Nasieku was released on cash bail of Sh30,000, but he has been repeatedly threatened by police officers that he would be charged.

He then wrote to the EACC seeking its intervention to protect the land and protect him from further harassment.

He was summoned again by the police on August 28.

The EACC then summoned the Officer Commanding Central Police Station (OCS) and the Sub-County Police Commander to its regional offices in Nakuru on September 3.

During a meeting chaired by EACC South Rift Regional Manager Ignatius Wekesa, the commission urged the police to drop the charges against Mr Nasieku, stressing that he was a whistleblower.

Mr Wekesa called on Nakuru police to protect whistleblowers and complainants who expose land grabbing and other forms of corruption, instead of subjecting them to trumped-up charges.

“The law prohibits victimisation of whistleblowers, and we strongly urge the police to drop the intended charges against Nasieku,” said Mr Wekesa.

EACC’s spokesperson Eric Ngumbi said the commission would go to court to recover the allegedly grabbed land.

"The EACC will take legal action to recover the land and return it to the public,” Mr Ngumbi told the Nation on Thursday.

The developer had already demolished two government houses, each on a quarter-acre plot, and had begun constructing commercial properties on the contested land.

Mr Nasieku’s situation now begs the question whether Kenyans are aware of the existence of the Witness Protection Agency (WPA) and how to reach it.

The WPA is an independent and autonomous state agency established under the Witness Protection Act, No. 16 of 2006. It became operational in 2008.

The WPA provides the framework and procedures for giving special protection, on behalf of the state, to persons in possession of important information and who are exposed to potential risk or intimidation due to their cooperation with the prosecution and other law enforcement agencies, as stipulated in Section 3B of the law.