The High Court has barred the Ethics and Anti-Corruption Commission (EACC) from arresting senior Bomet County officials under investigation for their alleged role in a Sh1.4 billion corruption scandal.
The ruling grants Governor Hillary Barchok, five senior county officials, and two contractors a 21-day reprieve as investigations continue.
Bomet Resident Judge Julius Ng’arng’ar issued the temporary order following a petition filed by County Secretary Simon Kimutai Langat, arguing that EACC officers were harassing government employees and disrupting operations.
Justice Ng’arng’ar, however, directed the county government to provide all the relevant information and documents sought by the commission within the intervening period, without fail.
“During the intervening period of 21 days granted, there will be no arrests until investigations are completed by the respondents,” Justice Ng’arng’ar directed in the orders issued on Tuesday, February 18.
Governor Barchok was arrested on February 6, 2025, following raids on his homes and offices in Bomet and Nairobi.
Court documents reveal that the EACC had demanded financial records through letters dated January 30 and February 7, 2025.
The county requested more time to compile the documents, citing their voluminous nature and the absence of key officials on leave or official duties.
However, EACC declined the request, prompting the county to seek legal intervention.
In its court filing, the county claimed that EACC officers had disrupted work at county headquarters and created an atmosphere of fear among employees. The county argued that while it was willing to comply, it needed reasonable time to retrieve documents, some of which dated back to 2018.
The commission’s lawyer Francis Makori defended their actions, stating that it has the constitutional authority to investigate corruption and economic crimes.
Mr Makori also did not oppose the push by his counterpart Andrew Makwere representing the county government, to have the vital documents supplied within 21 days.
In documents filed in court, the county government wrote to the EACC Secretary/Chief Executive Officer (CEO) on February 12, 2025, protesting the alleged hurried manner in which the documents were demanded by the investigators.
“Some of the documents required date back to the 2018/2019 financial years and there is a need for adequate time to search and access them from the archives and forward them to your offices,” The county states in the affidavits in court.
Mr Langat stated in the documents “It is our right to request for additional time in the first instance, then in the case of delay after the notice, a first and second reminder ought to be issued.”
EACC CEO Abdi Mohamud confirmed that the operation targeting Governor Barchok and senior officials was linked to fraudulent payments of Sh1.45 billion to suppliers and contractors allegedly tied to county employees.
“The Commission conducted a successful operation targeting Bomet Governor Hillary Kipngeno Barchok, eight senior officers, and two contractors who are under investigations of conflict of interest and theft of public funds through fraudulent payment of Sh 1,451,882, 576 to suppliers and contractors who are senior employees of the County government of Bomet," Mr Mohamud said.
Following his release, Governor Barchok in the company of his deputy Shadrack Rotich last Friday hit the ground running, addressing rallies in Mulot, Longisa, Youth Farmers, Kibisorwet, Bomet town, Kapkwen, and Sotik.
“I had visitors from an institution (EACC) we respect. I cooperated fully because I have nothing to hide,” Prof Barchok told residents in Bomet town.
