Kiambu Governor Paul Kimani Wamatangi has failed to halt an Sh813.1 million asset recovery case filed against him and 13 others by the Ethics and Anti-Corruption Commission (EACC).
Justice Rose Ougo on Thursday declined to strike out the case, allowing the commission to continue with its claim over money it alleges was unlawfully acquired through dealings linked to road construction tenders.
The governor and the other defendants had asked the High Court to terminate the proceedings before a full hearing, but the judge found that the grounds they relied on did not justify ending the case at this stage.
One of Wamatangi’s main arguments was that the proceedings were sub judice because another constitutional petition involving him had already been filed and had led to the issuance of conservatory orders.
Justice Ougo rejected the argument, saying the governor had not demonstrated that the constitutional petition and the asset recovery proceedings involved the same parties and issues.
The judge further noted that Wamatangi had not provided sufficient documents to prove that the two matters were substantially identical.
Wamatangi also sought protection under parliamentary privilege, citing allegations linked to his former role as chairperson of the Senate Standing Committee on Roads, Transportation and Housing.
The court found that the privilege could not be used to protect alleged unlawful conduct.
Justice Ougo said the matters raised by EACC did not concern protected parliamentary proceedings or actions that could affect the functioning of Parliament.
The judge also rejected a separate attempt to have the case dismissed on the basis that EACC had failed to establish a cause of action against the individual defendants.
The defendants had argued that some of the companies named in the case were independent legal entities and that their directors and associates could not automatically be held responsible for actions attributed to the companies.
Justice Ougo ruled that such questions should be determined after evidence is presented during the hearing.
EACC has accused Wamatangi and the other defendants of involvement in alleged fraud, misrepresentation and falsification of documents relating to road construction tenders issued by the Kenya National Highways Authority (KeNHA), Kenya Urban Roads Authority (KURA) and Kenya Rural Roads Authority (KeRRA).
The alleged conduct relates to tenders awarded during the 2018/2019 and 2021/2022 financial years.
According to EACC, Wamatangi improperly influenced the awarding of contracts to companies linked to him and remained a signatory to some of their bank accounts.
The commission wants the court to recover and forfeit Sh813,145,532.40, which it alleges was acquired unlawfully.
Wamatangi and the other defendants have denied the allegations, which remain unproven.
EACC has also asked the court to preserve the defendants’ assets and continue restrictions on their bank accounts as the recovery case proceeds.
Justice Ougo directed that the commission’s application seeking injunctions will be heard on November 12, 2026. She also extended the interim orders already in place until that date.
Lawyers representing the defendants asked the court to move the matter quickly, arguing that restrictions on the funds were affecting the operations of the companies involved.
The court’s latest decision means the asset recovery proceedings will continue, with EACC and the defendants expected to present evidence when the case proceeds to full hearing.