The High Court of Kenya has dismissed an application by Kiambu Governor Paul Kimani Wamatangi to have an asset recovery suit filed by the Ethics and Anti-Corruption Commission (EACC) against him struck out. The suit, valued at Ksh.813.1 million, alleges that Wamatangi and 13 other parties were involved in graft related to road construction tenders. Wamatangi had sought to terminate the proceedings, arguing that the EACC case was sub judice due to a separate constitutional petition.
Justice Rose Ougo rejected Wamatangi's application, allowing the case to proceed. The judge found that Wamatangi failed to establish that the parties and issues in the constitutional petition were the same as those in the asset recovery case. Wamatangi had argued that the EACC case was barred by conservatory orders issued in the constitutional petition, but the judge ruled that these orders only applied to the Office of the Director of Public Prosecutions.
Wamatangi had also sought protection under parliamentary privilege, arguing that the allegations against him were connected to his tenure as chairperson of the Senate Standing Committee on Roads, Transportation and Housing. However, Justice Ougo rejected this argument, holding that parliamentary privilege does not extend to alleged unlawful acts. The judge further found that the accusations made by EACC did not concern protected parliamentary proceedings.
The defendants had challenged EACC's case, arguing that the commission had failed to establish a cause of action against them individually. They claimed that some of the companies named in the proceedings were separate legal entities and should not automatically expose their directors or associates to liability. However, the court declined to strike out the defendants at this stage, saying the allegations raised by EACC needed to be examined through evidence at a full hearing.
EACC has accused Wamatangi and the other defendants of fraud, misrepresentation, and falsification of documents in connection with road construction tenders. The commission is seeking to recover Ksh.813,145,532.40, which was received through contracts awarded by the Kenya National Highways Authority, Kenya Urban Roads Authority, and Kenya Rural Roads Authority between the 2018/2019 and 2021/2022 financial years.
According to EACC, Wamatangi improperly influenced the award of tenders to companies associated with him and remained a signatory to their bank accounts. The allegations have not been proved, and Wamatangi and the other defendants have denied the claims. EACC has also asked the court to grant injunctions against the defendants and maintain orders freezing their bank accounts and other assets pending determination of the case.
Justice Ougo directed that the injunction application be heard on November 12, 2026, and extended the existing interim orders until the matter is heard. Defence lawyers asked the court to fast-track the proceedings, arguing that the frozen funds were being used to run the companies and that continued restrictions were affecting their operations. The court's decision allows the EACC to proceed with its case against Wamatangi and the other defendants.
Key points
- The Kenyan High Court has dismissed Kiambu Governor Paul Kimani Wamatangi's bid to stop a Ksh.813 million asset recovery suit filed by EACC over alleged graft.
- Wamatangi had argued that the EACC case was barred by conservatory orders issued in a separate constitutional petition, but the judge ruled that these orders only applied to the Office of the Director of Public Prosecutions.
- The case will proceed to a full hearing, where EACC will have to prove its allegations of fraud, misrepresentation, and falsification of documents against Wamatangi and the other defendants.
