Bomet Governor Hillary Barchok has failed to block his arrest and prosecution over an alleged conflict of interest involving a Sh2.6 million payment he received from a contractor four years ago.
Mr Barchok had moved to court on Monday , claiming the case filed by the Ethics and Anti-Corruption Commission (EACC) was ill-motivated, malicious and not anchored on any lawful objectives of the commission.
However, High Court judge Bahati Mwamuye declined to grant the orders sought and instead directed the governor to serve the petition on EACC. The matter will be mentioned on October 7 for directions.
“The petitioner shall serve the application, petition and these directions on the respondent (EACC) in both hard copy and soft copy immediately and file an affidavit in that regard by close of business on September 2, 2025,” Justice Mwamuye ruled.
The governor wanted the court to stop EACC from arresting and charging him, arguing that such a move would infringe on his constitutional rights. He said EACC had already forwarded the file to the Director of Public Prosecutions (DPP) recommending charges of money laundering and unjust enrichment.
According to EACC, Barchok received the money from Chemasus Construction Ltd, a private company awarded a contract by the Kenya Rural Roads Authority (Kerra).
But the governor denied any conflict of interest, explaining that the firm had only leased a tractor he owned. He admitted receiving Sh2 million on February 26, 2021, under a lease agreement signed in December 2020.
The governor maintained that he has no personal or official ties with Chemasus Construction, insisting the company was awarded the KeRRA tender independently, without his influence.
“The company, in the course of its operations, leased the aforesaid tractor from the applicant as it was lawfully entitled to do under a lease agreement. The applicant had no control over the company’s business, provided such activities remained legal,” he said.
The governor faulted EACC for failing to give him written reasons for its actions as required under the Fair Administrative Action Act. He further claimed the commission’s public statement on the matter subjected him to ridicule, harassment, and premature judgment in the public eye.
“It is apparent, even to a reasonable observer, that the allegations and intended charges against the applicant are unfounded, raise no question as to his integrity, and do not amount to a conflict of interest,” Mr Barchok argued.
Meanwhile, former Bungoma Governor Wycliffe Wafula Wangamati presented himself at the EACC headquarters in Nairobi following a summons over alleged embezzlement of county funds.
Mr Wangamati arrived at Integrity Centre on Monday morning for processing and arraignment as directed by the anti-graft agency. He was summoned alongside several directors of construction firms accused of colluding with county officials in questionable dealings during his tenure.
The EACC, in a statement issued on Friday, August 29, 2025, confirmed it had secured consent from the Office of the Director of Public Prosecutions (DPP) to charge the former governor and his associates.
