High Court bars State agencies from arresting or probing Wamatangi

The High Court in Kiambu has temporarily barred the Attorney General, the Ethics and Anti-Corruption Commission (EACC), and the National Police Service (NPS) from arresting or investigating Kiambu Governor Kimani Wamatangi.

In her ruling arising from a petition filed by Kiambu voter Stephen Mwangi, Justice Dorah Chepkwony, sitting in Kiambu, ordered that the status quo be maintained by all State offices and agencies involved until a final decision is made on July 4.

In the interim orders, the court issued a temporary injunction restraining the entities from “harassing” Governor Wamatangi as sought by the petitioner.

However, the EACC has filed a preliminary objection, contesting the court’s jurisdiction to hear Mwangi’s petition, arguing it is frivolous and that the resident has no right to institute such an application.

Mwangi had informed the court that the EACC has continued to summon and harass the governor despite the ongoing court matter.

Ruth Kemunto, representing the EACC, maintained that the commission is operating within its constitutional mandate and that the issue of jurisdiction has yet to be determined by the court.

The Attorney General, represented by Wanjiru Wanja, requested three days to file and serve their submissions, following an earlier denial of their preliminary objection.

The initial application was filed under a certificate of urgency by Mwangi against the Attorney General, the Director of Public Prosecutions (DPP), the EACC, the NPS, and the Chief Magistrate Milimani Law Courts.

Mwangi sought injunctive orders to restrain and bar the DPP, EACC, and the Chief Magistrate Milimani Law Courts from arresting and prosecuting Governor Wamatangi.

Both the Attorney General and the Chief Magistrate Milimani Law Courts opposed Mwangi’s petition. They argued that Mwangi had not demonstrated how their constitutional rights had been violated, nor had he adduced evidence of suffering prejudice, damages, or violation of rights and freedoms under the Constitution.

The EACC also opposed the application, stating that the petition’s procedure was “unknown to law” and that Mwangi lacked the “locus standi” (legal standing) to institute the plaint.

They asserted that the petitioner had no right to relief concerning any alleged actions undertaken by the EACC regarding investigations touching on the Kiambu Governor.

In his petition, Mwangi had sought to bar Deputy Governor Rosemary Kirika from being sworn in as acting Governor of Kiambu County or taking over leadership pending the petition’s determination.

He also wanted the EACC and NPS restrained from investigating or arresting Governor Wamatangi pending the petition’s hearing and determination and interim orders restraining the Chief Magistrate Milimani Court for Anti-Corruption from proceeding with Case Number MCACMISC/E550/2025, pending the petition’s hearing and determination.

The petitioner laid out several grounds for his request, alleging that the EACC and NPS have been harassing Governor Wamatangi for political reasons.

He claimed that on April 15, 2025, EACC and NPS officers unlawfully raided the Governor’s residential home, harassing him and his family with the intention of politically bringing him down. He further stated that the Governor was forcibly escorted to Integrity Centre in Nairobi for interrogation on the same date.

Governor Wamatangi had been arrested and grilled by EACC over allegations of conflict of interest, procurement irregularities, and abuse of office against the senior officials in the awarding of a contract for the supply, delivery, installation, testing, training, commissioning, and support services of an Enterprise Resource Planning (ERP) System.

The contract, valued at Sh230 million, was awarded to M/S Filtronic International Limited during the 2022/2023 financial year.

EACC Chief Executive Officer Abdi Mohamud said at the time that the governor, together with nine other officials of the devolved unit, engaged in trading with the county and allegedly received payments totaling Sh1.5 billion through irregular procurement processes and fictitious supplies, in violation of public finance management and procurement laws.

The nine include the County Executive Committee Members for Finance and Land, Nancy Njeri Kirumba and Salome Muthoni Wainaina, the County Secretary, Peter Ndegwa, Chief Officer Finance, William Kinyanjui, Director for Supply Chain, Phyllis Wanjiru Muiruri, the Director of Revenue, Henry Mburu Waweru, a clerical Officer, Paul Kibe Wangari, and the Director for M/s Filtronic International Limited, Bernard Kabaiku Theuri.

Mwangi cited “sources” and social media posts by bloggers associated with Governor Wamatangi’s political rivals, alleging that the actions are a “political witch hunt” aimed at overthrowing his leadership and replacing him with preferred individuals.

He suggested that since the Kiambu County Assembly has found no wrongdoing, political enemies are now using “state machinery to prosecute criminal elements” to remove him from office.

Mwangi argued for the suspension of harassment against Governor Wamatangi to allow the petition to be heard and determined, warning that continued harassment would render the petition “nugatory” and lead to the people of Kiambu losing county services under his administration.

He concluded that such political harassment through state agencies violates Governor Wamatangi’s fundamental rights, liberties, and freedoms under the Constitution of Kenya 2010.

“The respondents will not be prejudiced in any way if the orders sought herein are granted. It is in the interest of justice that my Governor Wamatangi be protected by the honorable court pending the hearing and determination of the present petition,” Mwangi argued in his affidavit.

In opposing the petition before the Kiambu court, EACC emphasised it has a constitutional mandate to investigate corruption and economic crimes, arguing it cannot be stopped from exercising this lawful duty.

The Commission further contended that Mwangi had not disclosed alleged constitutional violations or identified specific constitutional provisions infringed or threatened.

The case is set for mention on July 4 when the court will rule on the EACC’s preliminary objection.