NAIROBI, Kenya- The High Court in Nairobi has dismissed a petition by lawyer Joseph Kimani Wachira seeking to stop investigations and any intended prosecution over allegations that he solicited a Sh10 million bribe on behalf of a judge.
In a judgment delivered on October 7, 2026, Justice Joseph Kipkoech Biomdo ruled that the Ethics and Anti-Corruption Commission (EACC) acted within its legal mandate when it investigated the complaint.
The court found no basis to block the investigation and vacated interim orders that had barred Wachira’s arrest and prosecution.
The case concerns allegations that Wachira, Okiri Thomas Awili and the late former Justice Joseph Mutava sought Sh10 million from former Cabinet Secretary Raphael Tuju.
The money was allegedly meant to influence a sitting High Court judge to issue a favourable ruling in a commercial dispute involving Dari Ltd, Tuju, Garam Investment Auctioneers and others.
Court rejects entrapment claim
Wachira was arrested on March 9, 2026, during an EACC operation at Entim Sidai Wellness Sanctuary in Karen.
The commission said it had received a complaint from Tuju, provided him with treated money and accompanied him to the meeting, where officers arrested the suspects after receiving a signal.
The court heard that Sh1 million in treated cash was produced during the meeting.
EACC said Wachira was arrested after receiving the money, while Wachira maintained that Tuju placed it on the table without any prior demand or discussion and that he did not take it.
Wachira argued that the operation amounted to entrapment and that the investigations violated his constitutional rights.
He also alleged that evidence had been fabricated and that recordings of the arrest had been leaked.
Justice Biomdo rejected the entrapment claim, finding that EACC had not set up the meeting or influenced the discussions.
The judge said the commission’s role was limited to facilitating the collection of evidence after receiving the complaint.
The court also found that EACC had a legal mandate to investigate corruption and bribery allegations.
It held that the petition had not demonstrated illegality or a constitutional violation that warranted judicial intervention.
Trial court to assess contested evidence
The judge noted that investigations were still ongoing and no formal charges had been filed against Wachira.
Disputes over the evidence, including the competing accounts of what happened at the meeting, would be examined by a trial court if charges were brought.
The court also said questions about whether leaked or allegedly unlawfully obtained evidence could be used in a trial were premature.
Those issues should be determined by the court handling any criminal case, the judgment said.
With the petition dismissed and interim orders vacated, EACC can continue its investigations and pursue any next steps permitted by law.
The judgment does not determine Wachira’s guilt; he remains presumed innocent unless proven guilty in court.
