The High Court has cleared the way for the Ethics and Anti-Corruption Commission (EACC) to pursue a KSh813.1 million recovery case against Kiambu Governor Kimani Wamatangi and other defendants over alleged irregularities in road tenders.
Justice R.E. Ougo dismissed five applications seeking to have the recovery suit struck out, ruling that the allegations raised by EACC require evidence to be tested during a full hearing.
The commission is seeking to recover KSh813,145,532.40 from the defendants over payments made to five companies for road contracts awarded by the Kenya Urban Roads Authority (KURA), Kenya Rural Roads Authority (KeRRA) and Kenya National Highways Authority (KeNHA).
EACC alleges that Wamatangi, while serving as a senator, used his position to influence the award of tenders to companies in which he had a beneficial interest.
The commission also alleges that forged or falsified documents were used in securing the contracts.
In her ruling dated October 1, 2026, Justice Ougo said claims of fraud, misrepresentation and falsification of tender documents could not be determined without hearing and testing the evidence.
The judge also held that whether directors of the companies can be held personally liable for the alleged conduct must be determined at trial.
The court rejected an argument that parliamentary privilege protected Wamatangi from the recovery proceedings, holding that the privilege does not shield alleged unlawful conduct.
Justice Ougo further found that Wamatangi had not demonstrated that the EACC recovery case duplicated matters already pending in his constitutional petition.
EACC is also seeking the forfeiture of funds held in the bank accounts of the companies linked to the case.
The dismissal of the applications means the KSh813 million recovery suit will now proceed to full hearing, where the allegations will be tested and determined on the evidence presented before the court.
