The High Court has once again extended conservatory orders barring the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC) from arresting or prosecuting Kiambu Governor Kimani Wamatangi pending further directions.
Justice Chacha Mwita of the Constitutional and Human Rights Division in Nairobi extended the orders on Wednesday to December 10, when he will issue further guidance on the petition. The extension came after DPP counsel Henry Arochi requested more time to file submissions in the matter.
Governor Wamatangi moved to court seeking protection from an anticipated prosecution, saying he feared imminent arrest over graft allegations linked to companies under investigation. His lawyer, Stephen Ligunya, told the court that he had already filed and served submissions as directed earlier. EACC counsel Ms. Murugi confirmed receiving the documents but sought additional time to respond, citing health reasons.
“I am sorry to both the court and my colleagues for not having filed responses. I have been unwell and only resumed work this week. I ask for two days to file my responses,” she told the court. Justice Mwita granted both the DPP and the EACC 14 days to file their responses ahead of the December 10 hearing for highlighting of submissions. The EACC is investigating Governor Wamatangi over alleged links to firms suspected of involvement in corruption.
Arochi argued that Wamatangi had interests in the companies under probe, noting that similar issues had already been raised in another ongoing case.“If these cases proceed concurrently, this is likely to embarrass the court as decisions may be made differently,” Arochi said.
However, Ligunya dismissed the claims, insisting that the governor neither owns shares in the firms nor is he a party to the earlier petition.Justice Mwita pressed Arochi to clarify whether the parties in both petitions were the same. Arochi admitted they were not identical but maintained that the directors involved were similar and that the issues overlapped.
The judge noted that while the EACC had earlier sought to transfer the petitions to the Anti-Corruption and Economic Crimes Division, consolidation could only be considered if both matters were before the same court.He cautioned that parallel actions could lead to conflicting rulings and urged all parties to take steps to ensure the case proceeds without delay.
The matter will return to court on December 10, when further directions are expected.
 and the Ethics and Anti-Corruption Commission (EACC) from arresting or prosecuting Kiambu Governor Kimani Wamatangi pending further directions.){kind=link}