NAIROBI, Kenya — The High Court has extended orders barring the arrest and prosecution of Kiambu Governor Kimani Wamatangi in an ongoing corruption probe by the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP).
Justice Chacha Mwita of the Constitutional and Human Rights Division extended the conservatory orders on Wednesday until December 10, when the court will issue further directions on the petition.
The decision came after the DPP, represented by lawyer Henry Arochi, requested additional time to file submissions.
Wamatangi had moved to court seeking protection from what he termed an “imminent and unlawful prosecution” over alleged links to companies under EACC investigation.
His lawyer, Stephen Ligunya, told the court that the governor had already filed and served his submissions as directed earlier.
EACC’s counsel, Ms. Murugi, admitted to delays in responding, explaining that she had been unwell and had only resumed duty this week.
She asked the court for two more days to file responses, a request the judge allowed within a 14-day window for both the DPP and EACC to comply.
The case stems from an EACC probe into companies said to have supplied goods and services to the Kiambu County Government. Arochi argued that the petition risked duplicating issues from another case involving similar companies, warning that “parallel proceedings could embarrass the court with conflicting decisions.”
Ligunya dismissed the claim, maintaining that Wamatangi was neither a shareholder nor a director in any of the firms under investigation. “The governor has been unfairly and politically linked to entities he has no interest in,” he said.
Justice Mwita pressed the DPP’s counsel to clarify whether the parties in both petitions were the same.
Arochi admitted they were not identical but insisted that the directors were similar and the issues substantially overlapped.
The EACC had earlier sought to transfer the petitions to the Anti-Corruption and Economic Crimes Division, arguing that the matter fell under its jurisdiction.
However, Justice Mwita cautioned that consolidation could only happen if both suits were before the same court, warning that differing judicial orders could create “procedural confusion.”
Legal analysts say the case highlights the delicate balance between judicial oversight and anti-corruption enforcement, as courts increasingly scrutinize how investigative agencies handle politically sensitive cases.
A senior governance expert, speaking to The Kenya Times, noted that such petitions test the boundaries of the Constitution’s Article 157, which guarantees the DPP’s independence but subjects prosecutorial powers to judicial review to prevent abuse.
The matter will return to court on December 10, when Justice Mwita is expected to determine the next course of action, a ruling that could set a precedent on how far governors can go in shielding themselves from corruption prosecutions while still in office.
