Kiambu Governor Kimani Wamatangi has obtained a court order blocking his arrest days after the anti-graft agency were allowed to freeze bank accounts of five firms allegedly linked to him, over allegations of corruption.
High Court judge Chacha Mwita granted Mr Wamatangi a temporary order, restraining the Inspector-General of Police Douglas Kanja, Director of Public Prosecution (DPP) Renson Ingonga and the Ethics and Anti-Corruption Commission (EACC), from arresting or prosecuting him over alleged graft.
“A conservatory order is hereby issued restraining respondents from arresting and charging the petitioner based on the investigations undertaken in this matter until September 18, 2025,” said the judge.
Justice Mwita, however, declined to block the ongoing probe by EACC, saying the investigations were sanctioned by orders of the court and that the commission was exercising its mandate.
The judge further observed that EACC had not made a decision whether to prosecute Mr Wamatangi and that the court would, therefore, not interfere with investigations, unless it was shown that the probe was being done beyond EACC’s mandate.
Last week, Justice Lucy Njuguna allowed an application by EACC, freezing five bank accounts linked to King Group Company Ltd, King Realtors Ltd, King Construction Company ltd, Quick Fix Auto Garage Ltd and Lub Plus Oil and Energy Company Ltd, allegedly associated with Mr Wamatangi.
The anti-graft agency said the firms were awarded tenders to the tune of Sh700 million while Mr Wamatangi served as the Kiambu senator and a member of the Senate Committee on Roads, Transportation and Housing between 2017 and 2022.
“That as a result, there is need to preserve the funds and freeze the accounts, for a period of six months pending the conclusion of investigations and institution of the recovery proceedings,” Justice Lucy Njuguna had said.
The money was allegedly paid from tenders awarded to companies that have a direct interest or a beneficial owner.
Court documents showed that from Kenya Rural Roads Authority, the companies allegedly received a total of Sh86.6 million, from Kenya Urban Roads Authority, the firms received Sh57 million from Kura and a total of Sh605.9 million from Kenya National Highways Authority.
The commission further said the private contracts were illegal and unlawful, having been entered into in conflict of interest, in abuse of trust and office and the payments are therefore illegal and ought to be paid back to the government.
“It is suspected that the inward remittance proceeds paid into respondents' accounts constitute indirect benefits conferred to himself by virtue of the office he holds, arising out of contracts founded on unlawfulness and illegality as a result of conflict of interest and abuse of trust,” EACC said.
EACC said it was apprehensive that the funds in the bank accounts might be withdrawn or transferred, amid the ongoing investigations before investigations are completed and recovery proceedings, commenced.
In the latest petition, Mr Wamatangi said the EACC was engaging in a fishing expedition and was using the investigations powers, to harass him.
He said while the account freezing action was directed at the five companies, the said parties are merely collateral damage, as the anti-graft body wants to harass any person associated with him.
The Kiambu county boss said he had been a target of harassment and victimisation, in the past one year, under the guise of conducting legitimate investigations into allegations of corruption.
Mr Wamatangi said when he took over as the county boss, the revenue system was being managed by a private entity- Strathmore Research and Consultancy Centre Ltd.
The county government, he said later advertised the tender for a new system, named Enterprise Resource Planning System (ERP), for revenue collection.
Mr Wamatangi added that a few months after the Strathmore Research and Consultancy Ltd sued the county government demanding Sh700 million.
This was allegedly followed by EACC, which commenced investigations into procurement irregularities over the tender.
He recalled that EACC officers raided his home last year and took away personal items, electronic gadgets and money.
“No investigations had been done to indicate any possibility of an offence committed by the petitioner, reducing the raid into a circus show meant to harass and completely embarrass the applicant,” he said.
Mr Wamatangi said EACC later sought court orders to investigate his bank accounts over allegations that the companies linked to him received payments from government agencies.
“By using the petitioner’s (Wamatangi’s) name and position to create an illusion of loss of public funds merely because he is in a position of power, the 2nd respondent (EACC) was able to obtain the orders,” he said.
