The High Court has allowed an Sh813.1 million asset recovery case against Kiambu Governor Paul Kimani Wamatangi to continue after rejecting his bid to have it thrown out.
Justice Rose Ougo dismissed an application by Wamatangi and other defendants seeking to end the case brought by the Ethics and Anti-Corruption Commission (EACC).
Wamatangi had argued that the case should not proceed because another constitutional petition involving him was already before the court and said the earlier case had resulted in conservatory orders.
However, Justice Ougo said the governor had not shown that the two cases involved the same parties and issues and noted that he had also failed to provide documents proving the matters were substantially identical.
EACC opposed the application, saying the orders issued in the constitutional petition only stopped the Director of Public Prosecutions from charging Wamatangi. According to the commission, the orders did not stop it from pursuing a civil case to recover property allegedly obtained unlawfully.
Wamatangi also argued that parliamentary privilege protected him from the claims because some of the allegations related to his time as chairperson of the Senate Standing Committee on Roads, Transportation and Housing.
The judge rejected that argument, saying parliamentary privilege does not protect alleged unlawful conduct.
The court also declined a request by the defendants to remove them from the case, saying the allegations against them should be tested through evidence during the full hearing.
EACC has accused Wamatangi and 13 other parties of fraud, misrepresentation and falsifying documents linked to road construction tenders.
The commission is seeking to recover Sh813,145,532.40, which it says was received through contracts awarded by KeNHA, KURA and KeRRA between the 2018/2019 and 2021/2022 financial years.
EACC alleges that Wamatangi influenced the award of tenders to companies associated with him and continued to operate as a signatory to their bank accounts.
The commission is also seeking orders to preserve the defendants’ assets and bank accounts while the case is being determined.
Justice Ougo directed that the application for injunctions be heard on November 12, 2026, and extended the existing interim orders until then.
Defence lawyers asked the court to speed up the case, saying the restrictions on the funds were affecting the operations of the companies involved.
