The High Court has allowed the Ethics and Anti-Corruption Commission (EACC) to proceed with its Sh813.1 million asset recovery case against Kiambu Governor Paul Kimani Wamatangi and 13 other defendants.
Justice Rose Ougo dismissed attempts by Wamatangi and his co-defendants to have the case struck out, ruling that the objections raised were not sufficient to terminate the proceedings before the allegations could be tested through a full hearing.
Wamatangi had argued that the case was sub judice, claiming that a separate constitutional petition involving him had already been filed and had resulted in conservatory orders.
However, Justice Ougo ruled that the governor had failed to demonstrate that the two matters involved the same parties and issues.
She noted that he had not provided sufficient documentation to establish that the constitutional petition and the asset recovery proceedings were substantially identical.
The governor also sought to rely on parliamentary privilege, arguing that some of the allegations related to his former role as chairperson of the Senate Standing Committee on Roads, Transportation and Housing.
The court rejected the argument, finding that parliamentary privilege could not shield alleged unlawful conduct.
Justice Ougo said the allegations by EACC did not relate to protected parliamentary proceedings or actions capable of interfering with Parliament’s functions.
The judge also declined to strike out the case on grounds that EACC had failed to establish a cause of action against the individual defendants.
The defendants had argued that some of the companies named in the suit were separate legal entities and that their directors and associates could not automatically be held responsible for the companies’ actions.
Justice Ougo, however, ruled that the issues raised required examination through evidence during the hearing.
EACC alleges that Wamatangi and the other defendants were involved in fraud, misrepresentation and falsification of documents relating to road construction tenders awarded by the Kenya National Highways Authority (KeNHA), Kenya Urban Roads Authority (KURA) and Kenya Rural Roads Authority (KeRRA) between the 2018/2019 and 2021/2022 financial years.
The anti-corruption agency claims that Wamatangi improperly influenced the award of contracts to companies associated with him and continued to act as a signatory to some of their bank accounts.
EACC is seeking the recovery and forfeiture of Sh813,145,532.40, which it alleges was unlawfully acquired.
The defendants have denied the allegations, which have not been proved in court.
The commission has also applied for orders preserving the defendants’ assets and restricting access to their bank accounts pending determination of the case.
Justice Ougo directed that EACC’s application for injunctions be heard on November 12, 2026, and extended the existing interim orders until that date.Defence lawyers asked the court to expedite the proceedings, saying the restrictions imposed on the funds were affecting the operations of the companies.
The asset recovery case will now proceed, with EACC and the defendants expected to present evidence for and against the allegations during the full hearing.
