Wamatangi Loses Bid to Halt EACC’s KSh813 Million Asset Recovery Case

Kiambu Governor Kimani Wamatangi has lost a bid to stop a KSh813.1 million asset recovery case filed against him and 13 others by the Ethics and Anti-Corruption Commission (EACC).

High Court Judge Rose Ougo on Thursday dismissed applications seeking to have Wamatangi and several other defendants removed from the proceedings, allowing the civil recovery case to continue.

The ruling does not establish that Wamatangi or the other defendants committed corruption. EACC’s allegations remain contested and will have to be proved through evidence during the hearing.

EACC is seeking to recover KSh813,145,532.40, which it alleges was obtained through road construction contracts awarded by the Kenya National Highways Authority, Kenya Urban Roads Authority and Kenya Rural Roads Authority between the 2018/19 and 2021/22 financial years.

Court Rejects Bid to Have Case Struck Out

Wamatangi had argued that the recovery proceedings should not continue because a separate constitutional petition involving him was already before the court and had resulted in conservatory orders.

Justice Ougo, however, found that he had not demonstrated that the parties and issues in the constitutional petition were the same as those in the EACC asset recovery suit.

EACC maintained that the earlier conservatory orders only prevented the Office of the Director of Public Prosecutions from charging Wamatangi and did not stop the commission from pursuing a separate civil claim for recovery and forfeiture of assets.

The governor also invoked parliamentary privilege, arguing that some of the allegations related to the period when he chaired the Senate Standing Committee on Roads, Transportation and Housing.

The court rejected that argument, finding that parliamentary privilege does not extend to alleged unlawful conduct and that EACC’s claims should instead be tested through evidence at trial.

EACC Alleges Tender Irregularities

EACC alleges that Wamatangi improperly influenced the award of road construction and maintenance tenders to companies associated with him and remained a signatory to some of their bank accounts.

The commission has accused the defendants of fraud, misrepresentation and falsification of documents in connection with the contracts. Wamatangi and the other defendants have denied the allegations.

The court also declined to remove other defendants who argued that the companies involved were separate legal entities and that directors or associates should not automatically be held liable for their actions.

Justice Ougo ruled that those questions require evidence and should be determined during the substantive hearing rather than at the preliminary stage.

EACC has also sought injunctions against the defendants and continued freezing of some bank accounts and assets while the case is pending.

The court extended the existing interim orders and scheduled the injunction application for November 12, 2026. Defence lawyers were also granted permission to appeal the ruling.

The decision means the KSh813.1 million recovery suit will proceed to the next stage, where EACC will be required to substantiate its allegations against Wamatangi and the other defendants.