The Ethics and Anti-Corruption Commission (EACC) has successfully blocked five applications from Kiambu Governor Kimani Wamatangi and other defendants to dismiss its lawsuit seeking recovery of Ksh813,145,532.40 linked to alleged irregularities in road tender awards. The case involves payments to five companies for contracts managed by the Kenya Urban Roads Authority (KURA), Kenya Rural Roads Authority (KeRRA), and Kenya National Highways Authority (KeNHA). The EACC alleges that Wamatangi, while serving as a Senator, exploited his position to influence tender awards to firms where he held a beneficial interest, using forged or falsified documents to secure contracts. The Commission is pursuing recovery of the funds from the defendants jointly and severally, along with the seizure of assets in the companies' bank accounts.
In her ruling dated 1 October 2026, High Court Judge Rose Ougo determined that allegations of fraud, misrepresentation, and document falsification require evidence to be evaluated at a full hearing. She emphasized that whether company directors face personal liability must be resolved through this process. The court also ruled that parliamentary privilege does not protect alleged unlawful conduct and found no duplication of issues between Wamatangi's recovery case and his ongoing constitutional petition. The judge stressed that the EACC's claims necessitate judicial scrutiny to establish factual validity.
The case underscores broader public-interest implications for accountability in public procurement. Wamatangi, who transitioned from Senator to governor in 2022, faces allegations of leveraging his political influence to benefit private entities. The EACC's pursuit of recovery highlights the commission's role in addressing corruption, while the court's decision reinforces judicial independence in scrutinizing executive actions. Legal experts note that the outcome could set a precedent for similar cases involving public officials and contract irregularities.
The EACC's recovery suit will now proceed to a full hearing, with the court directing that all contested claims be examined through formal legal processes. The case remains under judicial review, with no immediate resolution expected. Wamatangi's legal team has not yet commented on the ruling, which marks a critical step in the commission's efforts to recover funds alleged to have been misappropriated through unethical practices.