The High Court has declined to certify as urgent a petition by a Nairobi lawyer Kimani Wachira, seeking to block his arrest and prosecution over an alleged Sh1 million bribe to a judge.
In directions issued by Justice Roseline Aburili, the court ruled that Wachira had not demonstrated any urgency to warrant immediate intervention.
The judge noted that the advocate had already been released on a Sh200,000 cash bail by the Ethics and Anti-Corruption Commission (EACC) and that there was no evidence of any pending criminal charge against him.
Instead of granting interim relief, the court directed Wachira to serve his petition and application on all respondents, including the EACC, the Director of Public Prosecutions (DPP), the attorney-general and former Cabinet Secretary Raphael Tuju.
Wachira moved to court in late March, accusing State agencies and Mr Tuju of orchestrating what he describes as a calculated scheme to fabricate bribery charges against him.
According to court filings, the events leading to his arrest unfolded on March 9, 2026, at Entim Sidai Wellness Sanctuary in Karen, where he had attended a meeting over a legal brief tied to commercial disputes involving Mr Tuju’s property.
Entim Sidai, a recreational resort owned by Mr Tuju.
Photo credit: Pool
Also present at the meeting were former High Court judge Joseph Mutava, now in private practice, and businessman Thomas Awili.
Wachira claims that during the meeting, Mr Tuju placed Sh1 million in cash on the table without any request or prior discussion, a move he says was meant to create the impression of a bribery transaction.
“The production of the said money was unilateral, unsolicited and unexpected,” Wachira states in his affidavit, maintaining that he neither solicited nor accepted any bribe.
He further claims that he briefly stepped out to his car to collect his notebook when EACC officers moved in and arrested him, in what he terms a pre-arranged operation.
“It is while I was in my motor vehicle that officers approached me and effected the impugned arrest,” he says insisting that the meeting was a staged entrapment scheme.
The lawyer argues that the alleged bribe had no connection to any judge and that there was no communication or arrangement involving judicial officers.
He links the incident to ongoing commercial disputes surrounding properties associated with Mr Tuju, suggesting the arrest was intended to influence or discredit legal processes tied to those disputes.
Wachira also accuses EACC investigators of acting in bad faith, alleging that they ignored what he describes as exculpatory evidence.
Integrity Centre that hosts Ethics and Anti-Corruption Commission (EACC) offices in Nairobi.
Photo credit: File | Nation Media Group
“Notwithstanding the existence of clear, credible and exculpatory evidence, the respondents have persisted in investigations in bad faith,” he says.
He further claims that the criminal justice system is being misused, adding that the actions against him amount to an abuse of statutory power.
The advocate also raises concerns over reputational damage, saying videos of his arrest were leaked and widely circulated online, portraying him as a bribe broker.
“The videos have been publicised, distorted and the narrative changed,” he says, warning that the damage to his professional standing may be difficult to reverse.
In his petition, Wachira is seeking court orders to stop any further arrest, prosecution or publication of allegations related to the incident pending the hearing of his case.
He is also seeking compensation for what he terms violations of his constitutional rights, including unlawful arrest, detention and reputational harm.
The respondents are yet to file their responses, setting the stage for a contested legal battle that will test claims of entrapment against the powers of investigative and prosecutorial agencies.
The case will be mentioned on April 27, 2026, for further directions before it proceeds to a full hearing.
