Blow to Wamatangi as Court Rejects Bid to Stop Ksh 813M EACC Recovery Case

Kiambu Governor Kimani Wamatangi speaking at past event. PHOTO/pixels

Kiambu Governor Kimani Wamatangi has suffered a setback after the High Court dismissed five applications seeking to strike out an Ethics and Anti-Corruption Commission (EACC) suit seeking recovery of Ksh 813.1 million linked to alleged irregularities in road tender awards.

The case concerns payments made to five companies for road contracts awarded by the Kenya Urban Roads Authority (KURA), Kenya Rural Roads Authority (KeRRA) and Kenya National Highways Authority (KeNHA).

EACC alleges that Wamatangi, while serving as a Senator, used his position to influence tender awards to companies in which he held a beneficial interest.

“The Ethics and Anti-Corruption Commission (EACC) has secured the dismissal of five applications by Kiambu Governor Kimani Wamatangi and other defendants seeking to strike out its suit for the recovery of KES 813.1 million linked to alleged irregularities in road tender awards,” the Commission stated.

Wamatangi Faces Ksh 813.1 Million Recovery Case

Additionally, the Commission alleges that forged or falsified documents helped secure the contracts. EACC has consequently asked the court to recover Ksh 813,145,532.40 from the defendants.

Justice R. E. Ougo, in a ruling dated October 1, 2026, held that the court must hear evidence before determining allegations of fraud, misrepresentation and falsification of tender documents.

Furthermore, the judge said the court must use the full hearing to determine whether the directors of the companies can face personal liability over the alleged conduct.

“The Commission seeks recovery of KES 813,145,532.40 from the defendants jointly and severally, alongside forfeiture of funds held in the companies’ bank accounts,” EACC stated.

Although Wamatangi and the other defendants asked the court to terminate the proceedings, Justice Ougo found that the allegations required examination through evidence rather than determination at the preliminary stage.

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Court Rejects Parliamentary Privilege Argument

Turning to parliamentary privilege, the judge held that the protection does not shield alleged unlawful conduct.

The decision therefore rejected Wamatangi’s argument that parliamentary privilege could prevent EACC from pursuing the recovery case.

At the same time, Wamatangi argued that the recovery suit duplicated issues raised in his pending constitutional petition.

However, Justice Ougo found that he had not established that the two proceedings duplicated the same issues.

“The Court further held that parliamentary privilege does not shield alleged unlawful conduct and that Governor Wamatangi had not established that the recovery suit duplicated the issues in his pending constitutional petition,” the Commission said.

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As a result, the court dismissed the five applications and allowed EACC’s recovery proceedings to continue.

Recovery Case Moves to Full Hearing

The court will now hear evidence on the allegations raised by EACC and the responses from Wamatangi and the other defendants.

Meanwhile, EACC continues to seek recovery of Ksh 813,145,532.40 from the defendants jointly and severally, as well as forfeiture of funds held in the companies’ bank accounts.

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