The High Court of Kenya has ruled that an asset recovery case against Kiambu Governor Paul Kimani Wamatangi can proceed to a full hearing. The Ethics and Anti-Corruption Commission (EACC) is seeking to recover Sh813,145,532.40 from Wamatangi and other defendants. The case concerns payments made for road contracts awarded by the Kenya Urban Roads Authority (KURA), Kenya Rural Roads Authority (KeRRA), and Kenya National Highways Authority (KeNHA).
Wamatangi had sought to have the case struck out, arguing that it was frivolous and vexatious, and that he was not a director of the companies involved. He also claimed that he had not participated in preparing or submitting tender applications for the road contracts. Furthermore, Wamatangi argued that the proceedings were politically motivated and intended to damage his reputation.
The EACC opposed Wamatangi's application, arguing that its investigations had established that he influenced the tender processes and awards. The Commission also alleged that forged or falsified documents were used to demonstrate technical and financial capacity in order to obtain some of the tenders. The court will now require the EACC to provide evidence to substantiate its claims.
Justice Rose Ougo, who delivered the ruling on October 1, 2026, found that the issues raised by the defendants could not properly be determined through an application to strike out the case. The judge noted that the pleadings contained allegations of fraud, misrepresentation, and falsification of documents. These allegations will have to be tested during a full hearing.
The court also considered the position of other defendants who had argued that they were being sued merely because they were directors of companies that were separate legal entities. Justice Ougo held that the question of whether the corporate veil should ultimately be lifted was not ripe for determination. The suit remains at a preliminary stage.
Wamatangi's application had centred on his previous position as chairman of the Senate Standing Committee on Roads, Transport, and Housing. He argued that parliamentary privilege protected him from the proceedings because the allegations related to conduct undertaken while performing his parliamentary functions. However, the court rejected this argument.
The court also rejected Wamatangi's argument that the recovery case was sub judice because of Constitutional Petition E455 of 2025. Justice Ougo said he had not been provided with sufficient material demonstrating that the parties and issues in the two cases were the same. The case will now proceed to a full hearing.
Key points
- The High Court has cleared the way for the EACC to pursue an Sh813.1 million asset recovery case against Kiambu Governor Paul Kimani Wamatangi.
- The case concerns payments made for road contracts awarded by KURA, KeRRA, and KeNHA.
- The court has ruled that the allegations of fraud, misrepresentation, and falsification of documents must be tested during a full hearing.
