Governor Wamatangi Suffers KSh813M Legal Setback as Court Clears EACC Case

File image of Kiambu Governor Kimani Wamatangi

Kiambu Governor Paul Kimani Wamatangi has suffered a major legal setback after the High Court dismissed his application to withdraw from a KSh 813.1 million asset recovery lawsuit brought by the Ethics and Anti-Corruption Commission (EACC).

High Court Judge Rose Ougo rejected preliminary objections from Wamatangi and several co-defendants, paving the way for the anti-graft watchdog’s civil recovery proceedings to move forward.

In her ruling delivered on Thursday, Justice Ougo dismissed Wamatangi’s claim that the EACC case violated the sub judice rule due to a pending constitutional petition that had granted him conservatory relief.

Justice Ougo noted that the governor failed to prove the constitutional petition involved identical parties or central issues.

“The first defendant (Wamatangi) has merely told the court that the suit hearing was sub judice to the constitutional petition. He has, however, failed to inform this court, nor has he provided any documentation to show that the parties in this case are similar to those in this case and that the issues raised therein are the same as those in the present suit,” the judge observed.

EACC prosecutors clarified that previous conservatory orders only barred the Office of the Director of Public Prosecutions (ODPP) from filing criminal charges against Wamatangi, leaving the commission free to pursue civil forfeiture of alleged proceeds of corruption.

Wamatangi also sought protection under parliamentary privilege, arguing that the allegations stemmed from his former tenure as chairperson of the Senate Standing Committee on Roads, Transportation and Housing.

Justice Ougo rejected that defense, clarifying that legislative immunity does not shield lawmakers from civil or criminal liability for illegal acts.

“A reading of these provisions indicates that protection against prosecution in the discharge of their lawful functions. However, the same provisions, in my view, do not intend to shield any member from an alleged, unlawful act,” Justice Ougo said.

The judge ruled that the specific allegations presented by the anti-corruption agency fall outside the scope of protected legislative debates.

“Clearly, these allegations against him are not privileged and therefore do not warrant protection as they do not and cannot impede the functions in question,” she ruled.

Wamatangi and his co-applicants further argued that the EACC lacked a direct cause of action against them as individual directors, citing corporate veil protections for the named business entities.

Justice Ougo declined to drop any corporate or individual defendants at this preliminary stage, stating that the gravity of the fraud allegations demands a full evidentiary trial.

“In the face of the pleadings, there are also allegations of fraud and misrepresentation and falsification of documents which resulted in the 2nd to 6th defendants (several companies) being awarded tenders. These allegations must be substantiated by evidence and tested at a hearing,” she said.

The EACC filed the lawsuit to recover KSh 813,145,532.40 from Wamatangi and 13 co-defendants.

Detectives allege the funds represent corrupt payouts from road construction contracts awarded by the Kenya National Highways Authority (KeNHA), Kenya Urban Roads Authority (KURA), and Kenya Rural Roads Authority (KeRRA) between the 2018/2019 and 2021/2022 financial years.

According to court filings, the governor allegedly abused his office to steer multi-million shilling infrastructure tenders to entities linked to him while maintaining active signing rights on their bank accounts.

Justice Ougo scheduled the main injunction application for hearing on November 12, 2026, and extended interim preservation orders freezing the defendants’ bank accounts and property holdings.

Defense counsel secured leave to appeal the decision while urging the court to expedite proceedings, noting that the ongoing asset freeze continues to disrupt the operations of the affected companies.

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