NAIROBI, Kenya — The High Court of Kenya has temporarily barred the Ethics and Anti-Corruption Commission (EACC) from investigating a sitting judge over alleged corruption, in a ruling that underscores constitutional safeguards on judicial independence.
The orders, issued by Justice Bahati Mwamuye, stop the anti-graft agency, alongside the Inspector General of Police and the Attorney General, from summoning, questioning, arresting, or taking any investigative action against Josephine Wayua Wambua Mong’are pending the hearing of her application.
The court further barred authorities from searching or seizing any property, documents, or devices linked to the judge in relation to the intended probe.
The case stems from a letter dated March 17, 2026, in which the EACC sought to have the judge appear for an interview at the Integrity Centre over allegations of corrupt conduct and abuse of office at the Milimani Commercial and Tax Division.
In her application, Justice Mong’are challenged the move as unconstitutional, arguing that the summons was irregular and undermined judicial authority. She also contended that no specific allegations had been formally presented to justify the investigation.
Crucially, the judge maintained that any complaints against a sitting judicial officer fall under the mandate of the Judicial Service Commission (JSC), as provided under the Constitution, rather than external investigative bodies.
The High Court’s conservatory orders will remain in force until the matter is heard and determined inter partes, with the case expected to clarify the extent of investigative powers over members of the judiciary.
Legal analysts say the ruling highlights a recurring tension between anti-corruption enforcement and judicial independence, particularly in high-stakes commercial disputes linked to alleged bribery claims.
Notably, the court did not dismiss the corruption allegations but only paused investigative steps, preserving the status quo as it considers procedural and constitutional questions around the case.
