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High Court declines to bar EACC from arresting Bomet Governor Hillary Barchok in Ksh2.6m graft case

The High Court has declined to block the Ethics and Anti-Corruption Commission (EACC) from arresting and prosecuting Bomet Governor Hillary Kipng’eno Barchok over allegations of embezzling Ksh2.6 million.

Justice Bahati Mwambie on Monday directed all respondents to file and serve their responses ahead of a mention scheduled for October 7, 2025, when the matter will be reviewed.

Barchok had sought conservatory orders restraining the anti-graft agency and the Office of the Director of Public Prosecutions (ODPP) from arresting or charging him. He argued that his rights to fair administrative action, political participation, and dignity were under threat following EACC’s move to forward his file for prosecution on allegations of money laundering and unjust enrichment.

Through his lawyers, the governor told the court that failing to grant the orders would expose him to ridicule, irreparable harm, and political persecution.

“The applicant is already judged in the public eye from the moment the respondent issued a press release dated 16th February 2025, and further amplified by news broadcasts branding him corrupt,” court documents read.

Barchok has dismissed the allegations as malicious, insisting they are based on legitimate payments made by Chemasus Construction Limited. He said the company legally leased his tractor in 2020 and later paid him Ksh2 million in February 2021, a private transaction he claims was unrelated to his role as governor.

The governor noted that Chemasus Construction had secured a road construction tender from the Kenya Rural Roads Authority (KeRRA), an independent body, and denied having any influence over the award.

He accused EACC of conducting shoddy investigations and insisted that charges of conflict of interest, unlawful acquisition of public property, and money laundering were “ill-motivated and devoid of merit.”

Barchok maintains that unless the court intervenes, his intended prosecution will amount to a political witch-hunt aimed at destroying his reputation and career.

The case will be mentioned in October for further directions.

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