The High Court has dismissed five applications by Kiambu Governor Paul Kimani Wamatangi and other defendants seeking to strike them out of an Ethics and Anti-Corruption Commission (EACC) asset recovery suit involving Sh813.1 million.
Justice Rose Ougo ruled on Thursday, October 1, 2026, that the defendants had not established sufficient grounds to terminate the case at the preliminary stage, allowing the recovery proceedings to continue.
The applications challenged the suit on several grounds, including claims that it was sub judice, that Wamatangi was protected by parliamentary privilege and that EACC had not established a sufficient case against the individual defendants.
On the sub judice argument, the court found that Wamatangi had not demonstrated that the asset recovery case involved the same parties and issues as a separate constitutional petition he had filed.
Wamatangi had also argued that parliamentary privilege protected him from claims linked to his time as chairperson of the Senate Standing Committee on Roads, Transportation and Housing. Justice Ougo rejected the argument, holding that parliamentary privilege does not shield alleged unlawful conduct that falls outside protected parliamentary proceedings.
The defendants further argued that some of the companies named in the case were separate legal entities and that there was no basis for personally pursuing their directors or associates.
However, the court declined to determine those issues at the preliminary stage, noting that EACC’s pleadings contained allegations of fraud, misrepresentation and falsification of documents that would require evidence and testing at a full hearing.
EACC filed the asset recovery case seeking Sh813,145,532.40 from Wamatangi and 13 other parties. The commission alleges that the defendants were involved in irregularities surrounding road construction tenders awarded by the Kenya National Highways Authority, Kenya Urban Roads Authority and Kenya Rural Roads Authority between the 2018/2019 and 2021/2022 financial years.
According to EACC, companies linked to the case received payments from the three agencies, with the commission alleging that Wamatangi improperly influenced the award of tenders and remained a signatory to some of the companies’ bank accounts.
The allegations have not been proved in court, and Wamatangi and the other defendants have denied the claims. The court’s ruling on the applications did not determine liability or establish that the alleged corruption occurred.
The court also extended existing interim orders over the defendants’ bank accounts and assets pending the hearing of EACC’s application for injunctions.
Justice Ougo directed that the injunction application be heard on November 12. Defence lawyers had urged the court to expedite the proceedings, arguing that restrictions on the funds were affecting the operations of the companies.
With the five applications dismissed, the asset recovery case will now proceed, with the allegations expected to be tested through evidence during the substantive proceedings.
