Forum shopping backfires: Court clears way for EACC to go after NGAAF boss Roy Telewa
National Government Affirmative Action Fund (NGAAF) Chief Executive Officer Roy Sasaka Telewa has suffered a major legal setback after the High Court struck out a petition, he filed seeking to block his arrest and prosecution over graft allegations.
The court ruled that Telewa abused the judicial process by filing multiple, parallel cases in different courts while seeking identical reliefs, a practice it described as forum shopping.
In a strongly worded decision, the court found that Telewa had simultaneously filed cases before the Anti-Corruption and Economic Crimes Division and the Constitutional and Human Rights Division, both dated the same day and “almost word for word identical.”
The court struck out the petition saying the NGAAF CEO had abused the court process by filing parallel cases in different courts, seeking similar orders.
According to the court the filing of the cases before the anti-corruption court division and another before the constitutional and human rights division amounted to forum shopping.
“In the present case, I am satisfied that the petitioner engaged in forum shopping. I have compared and considered the petition and application before me with the one filed in the anti-corruption and economic crimes division. The two are dated the same are almost word for word identical in all respects,” noted the court.
The court added that the parallel cases was an abuse of the court process, especially after failing to disclose to the court of the earlier case.
The judge concluded that the duplicity was deliberate and amounted to an abuse of court process, further faulting Telewa for failing to disclose the existence of the earlier case when filing the second petition.
“The petitioner engaged in forum shopping,” the court noted, adding that such conduct undermines the integrity of the justice system and cannot be sanctioned.
Telewa had moved to court on January 13, 2026, accusing the Ethics and Anti-Corruption Commission (EACC) of violating his constitutional rights during investigations into alleged corruption, procurement irregularities, and unexplained wealth.
He claimed the probe was malicious, conducted in bad faith, and aimed at pushing him out of office through the criminal justice system rather than lawful administrative processes.
The investigations span a five-year period between January 2021 and January 2026, during which Telewa held several influential public positions.
These include CEO of NGAAF, former CEO of the National Youth Council (NYC), Head of Procurement at the Kenya Deposit Insurance Corporation (KDIC), and Deputy Head of Procurement at the Competition Authority of Kenya (CAK).
Investigators argue that the breadth of his public service raises serious accountability questions, particularly regarding procurement and asset accumulation.
On January 14, 2026, the court initially granted interim orders restraining the EACC from arresting or prosecuting Telewa, though it allowed investigations to proceed. Those temporary protections have now been effectively undermined by the striking out of his petition.
In its response, the EACC firmly rejected Telewa’s claims, insisting it acted within its constitutional and statutory mandate.
The commission maintained that, as a public officer, Telewa is subject to investigation for alleged corruption and economic crimes and that no constitutional violations had occurred.
Notably, in a letter dated January 12, 2026, EACC Chief Executive Officer Abdi Mohamud formally recommended to Gender, Culture and Children Services Cabinet Secretary Hanna Wendot Cheptumo that Telewa be suspended for six months to allow investigations to proceed without interference.
The allegations cited include unexplained wealth, abuse of office, conflict of interest, and money laundering, all linked to potential violations of Chapter Six of the Constitution and anti-money laundering laws.
EACC further disclosed that it obtained a search warrant and conducted raids at Telewa’s residences and offices on January 8, 2026, seizing documents and information it described as incriminating.
Even as the corruption case unfolded, Telewa sought protection from the Employment and Labour Relations Court, obtaining orders barring the NGAAF board from terminating his contract or appointing a replacement—moves the EACC views as calculated attempts to shield himself from accountability.
With the High Court now dismissing his petition for abuse of process, the ruling clears a critical legal obstacle for the anti-graft agency, potentially paving the way for arrest, prosecution, and administrative action against one of the most senior officials to face corruption scrutiny in recent months.
The anti-graft agency alleged that Telewa has unexplained wealth, abuse of office, conflict of interest and money laundering.
The commission said it obtained a warrant and conducted a search at his residences and offices on January 8, 2026 where they seized incriminating documents and information.
“Pursuant to the provisions and to ensure that these investigations are conducted without interference, we recommend that the above-named officer be suspended from office for a period of six months from the date of the receipt of this letter, pending completion of our investigations,” the letter from EACC Chief Executive Office Abdi Mohamud said.
