Wamatangi loses bid to stop asset recovery by EACC in Ksh.813 million graft case

Justice Rose Ougo rejected the application by Wamatangi and several other defendants, allowing the case seeking recovery and forfeiture of the alleged proceeds of graft to proceed.

Wamatangi had sought to have the proceedings terminated, arguing that the EACC case was sub judice because a separate constitutional petition involving him was already before the court and had resulted in conservatory orders.

The judge, however, found that the governor had failed to establish that the parties and issues in the constitutional petition were the same as those before her in the asset recovery case.

Justice Ougo said Wamatangi had not provided documentation demonstrating that the two matters involved identical parties or raised the same issues.

EACC had opposed the application, maintaining that the conservatory orders issued in the constitutional petition only barred the Office of the Director of Public Prosecutions from charging Wamatangi.

The commission argued that the orders did not prevent it from pursuing a civil case seeking to recover and forfeit assets allegedly acquired through unlawful means.

Wamatangi had also sought protection under parliamentary privilege, arguing that the allegations against him were connected to his tenure as chairperson of the Senate Standing Committee on Roads, Transportation and Housing.

Justice Ougo rejected the argument, holding that parliamentary privilege does not extend to alleged unlawful acts.

The judge further found that the accusations made by EACC did not concern protected parliamentary proceedings or activities that would interfere with the functioning of Parliament.

The defendants had also challenged EACC’s case on the grounds that the commission had failed to establish a cause of action against them individually.

They argued, among other things, that some of the companies named in the proceedings were separate legal entities and should not automatically expose their directors or associates to liability.

The court declined to strike out the defendants at this stage, saying the allegations raised by EACC needed to be examined through evidence at a full hearing.

EACC has accused the defendants of fraud, misrepresentation and falsification of documents in connection with road construction tenders.

The commission is seeking to recover Ksh.813,145,532.40 from Wamatangi and 13 other parties.

According to EACC, the money was received through contracts awarded by the Kenya National Highways Authority (KENHA), Kenya Urban Roads Authority (KURA) and Kenya Rural Roads Authority (KeRRA) between the 2018/2019 and 2021/2022 financial years.

The commission alleges that Wamatangi improperly influenced the award of tenders to companies associated with him and remained a signatory to their bank accounts.

The allegations have not been proved, and Wamatangi and the other defendants have denied the claims.

EACC has also asked the court to grant injunctions against the defendants and maintain orders freezing their bank accounts and other assets pending determination of the case.

Justice Ougo directed that the injunction application be heard on November 12, 2026, and extended the existing interim orders until the matter is heard.

Defence lawyers asked the court to fast-track the proceedings, arguing that the frozen funds were being used to run the companies and that continued restrictions were affecting their operations.