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Post Reply: Court Declines to Stop DCI, EACC from Investigating Governor Wamatangi Over Alleged Corruption

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 24, 2025, 6:02 am</div><div id="pl-7189"  class="panel-layout" ><div id="pg-7189-0"  class="panel-grid panel-no-style" ><div id="pgc-7189-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7189-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">On July 22, 2025, the High Court in Nairobi dismissed an application by Kiambu Governor Kimani Wamatangi to block the Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC) from investigating him over allegations of corruption. The decision, delivered by Justice Chacha Mwita, allows the ongoing probe into suspected financial and procurement malpractices in Kiambu County to proceed, marking a significant development in a case that has drawn widespread attention.</p>
<p dir="ltr">Governor Wamatangi filed a petition seeking to halt the investigations, arguing that the actions of the EACC and DCI were politically motivated and constituted an abuse of power. The governor claimed he had been subjected to harassment and victimization for over a year, particularly following a raid on his home and office on April 15, 2025. During the raid, EACC detectives recovered Sh12 million and USD 13,000 (approximately Sh1.6 million) in cash from his residence, which the agency alleged were proceeds of corruption. Wamatangi maintained that he was not involved in the procurement processes under scrutiny and described the investigations as a smear campaign aimed at tarnishing his reputation and undermining his administration.</p>
<p dir="ltr">The investigations center on a Sh230 million contract awarded to Filtronic International Limited for the supply, delivery, and installation of an Enterprise Resource Planning (ERP) system during the 2022/2023 financial year. The EACC alleges that the contract was awarded under questionable circumstances, involving procurement irregularities, conflict of interest, and abuse of office. Additionally, the probe extends to claims of up to Sh1.5 billion in irregular procurement and fictitious supplies within the Kiambu County government, implicating Wamatangi and nine other senior county officials.</p>
<p dir="ltr">Wamatangi’s legal team, led by lawyer Jotham Arwa, argued that the EACC had exceeded its mandate by arresting the governor despite court orders limiting the investigation to the ERP tender. Arwa contended that the agency failed to establish any direct link between Wamatangi and the alleged procurement irregularities. He further alleged that the EACC’s actions, including freezing bank accounts linked to five companies believed to be involved in the irregular dealings, were driven by malice and lacked evidential basis. The lawyer pointed out that the EACC had sought information from the Kenya National Highways Authority (KeNHA), Kenya Rural Roads Authority (KeRRA), and Kenya Urban Roads Authority (KURA) only after obtaining court orders, suggesting a belated attempt to justify their actions.</p>
<p dir="ltr">Wamatangi also claimed that the investigations were part of a broader political scheme to force his resignation. He alleged that a senior EACC officer had threatened to “make him dirty” during a phone call, a claim he reiterated after his release on April 15, 2025. The governor’s affidavit highlighted that when he took office, the county’s revenue system was managed by Strathmore Research and Consultancy Centre Limited, which he accused of facilitating revenue leakages. He stated that the county had since procured a new system, but Strathmore sued for Sh700 million, a case that was later struck out by the court.</p>
<p dir="ltr">On the other side, the EACC and DCI defended their actions, asserting that the investigations were lawful and based on credible evidence of financial malpractices. The EACC reported recovering critical evidentiary material during the April raid, including the cash seized from Wamatangi’s residence. The agency emphasized that the probe was part of a broader effort to address corruption within Kiambu County, with potential outcomes including prosecution, recovery of unexplained assets, and seizure of proceeds of graft.</p>
<p dir="ltr">The case has been steeped in political controversy, with Wamatangi and his supporters framing the investigations as an attempt to sabotage his leadership and hinder development projects in Kiambu County. Following his arrest in April, protests erupted outside his residence, with supporters demonstrating against what they described as political intimidation. On the same day, Wamatangi addressed the media along Kenyatta Avenue in Nairobi, condemning the raid and vowing to cooperate with investigators while defending his administration’s integrity.</p>
<p dir="ltr">Political figures, including Kikuyu MP Kimani Ichung’wah, Thika Town MP Alice Ng’ang’a, and Senator Karungo Wa Thang’wa, have been vocal in calling for accountability. In November 2024, Ichung’wah and Ng’ang’a cited a report by Auditor General Nancy Gathungu, which highlighted discrepancies in Kiambu County’s expenditure, including Sh18 million spent on 60,000 one-month-old chicks, of which 37,500 were never delivered, costing the county Sh11.25 million. The report also questioned over Sh81.8 million spent on certified seeds, breeding stock, and live animals. Senator Thang’wa further alleged that a switch to a manual payroll system had enabled fraudulent payments of Sh390 million to ghost workers.</p>
<p dir="ltr">Justice Mwita’s ruling on July 22, 2025, rejected Wamatangi’s application, affirming the EACC and DCI’s authority to continue their investigations. The court found no basis to grant the injunction, allowing the agencies to proceed with their probe into the alleged corruption. The EACC has since summoned the directors of KeNHA, KeRRA, and KURA to record statements, indicating an expansion of the investigation into other potential irregularities.</p>
<p dir="ltr">The ruling has significant implications for Wamatangi and his administration. The EACC has stated that upon conclusion of the investigation, findings could lead to prosecution of those found culpable, forfeiture of unexplained assets, and confiscation of corruption proceeds. The agency’s intensified focus on county governments, as evidenced by its broader crackdown on end-of-year fraud and other corruption cases, underscores the mounting pressure on public officials to uphold transparency and accountability.</p>
<p dir="ltr">The case highlights ongoing challenges in combating corruption within Kenya’s county governments. The EACC’s recent reports have exposed widespread malpractices, including fraudulent tenders, fake academic certificates, and bribery across various counties and state agencies. However, delays in prosecuting high-profile cases, with only four out of 44 files forwarded to the Director of Public Prosecutions approved between January and March 2025, have raised concerns about the pace of justice.</p>
<p dir="ltr">For Kiambu County, the investigation into Wamatangi and his administration comes amid heightened scrutiny following the conviction of former governor Ferdinand Waititu in a Sh588 million graft case. The outcome of the current probe could set a precedent for how corruption allegations are addressed in Kenya’s devolved governance system, with significant implications for public trust and accountability.</p>
<p dir="ltr">As the investigation progresses, all eyes will be on the EACC and DCI to deliver a thorough and impartial probe, while Wamatangi faces the challenge of defending his administration against mounting allegations of financial mismanagement.</p>
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