NAIROBI, Kenya – The High Court has once again extended conservatory orders shielding Kiambu Governor Kimani Wamatangi from arrest or prosecution by the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC).
Justice Chacha Mwita of the Constitutional and Human Rights Division on Wednesday prolonged the orders until December 10, when the court will issue further directions on the governor’s petition challenging an intended corruption prosecution.
The extension followed a request by the DPP, through lawyer Henry Arochi, who sought additional time to file submissions.
Governor Wamatangi moved to court seeking protection from what he termed as an imminent arrest and prosecution over alleged links to companies under EACC investigation for graft.
Through his lawyer Stephen Ligunya, Wamatangi argued that he had already filed and served his submissions as directed earlier.
EACC counsel Murugi acknowledged receipt of the submissions but asked the court for more time to respond, explaining that she had been unwell.
“I am sorry to both the court and my colleagues for not having filed responses. I have been unwell and only resumed work this week. I ask for two days to file my responses,” she told the court.
Justice Mwita allowed both the DPP and the EACC 14 days to file their responses ahead of the December 10 session for highlighting submissions.
The EACC is probing Wamatangi over alleged involvement in firms suspected of corruption.
However, Arochi, representing the DPP, argued that the petition risked duplicating issues already before another court and could lead to conflicting decisions.
“If these cases proceed concurrently, this is likely to embarrass the court as decisions may be made differently,” Arochi said.
Ligunya dismissed the claim, insisting that the governor was neither a shareholder in the companies under investigation nor a party to the earlier case.
Justice Mwita questioned whether the parties in both cases were the same, to which Arochi admitted they were not identical but maintained the directors involved were the same and the issues similar.
Separately, the EACC had earlier applied to have the petitions transferred to the Anti-Corruption and Economic Crimes Division.
But Justice Mwita noted that consolidation could only be considered if both cases were properly before the same court.
He cautioned that transferring one matter while the other remained in a different court could cause procedural confusion and urged all parties to take steps that would ensure the case progresses without delay.
