The High Court has blocked the arrest of former Athi Water Works chief executive Michael Thuita who is under probe by EACC over alleged tender irregularities.
The Ethics and Anti-Corruption Commission had demanded the resignation of Thuita saying he ought to pave the way for investigations into allegations of corruption.
The anti-graft agency demanded that Thuita be suspended and subsequently arrested.
As such, he moved to court seeking orders to stop his arrest with EACC, the Director of Public Prosecutions, the Director of Criminal Investigations, the Inspector General of Police and the Attorney General listed as respondents.
Thuita told the court that the tenders linked to the alleged corruption, in particular, the Karimenu II and Ruiru II Dam water supply projects were awarded on May 9, 2014 and on May 30, 2017, respectively.
This, he said, the award of the tenders was way before his appointment as CEO of the agency in June 2017.
Thuita submitted that subjecting him to investigations and threats of possible arrest for acts allegedly committed before his appointment violated his rights.
In her ruling, Justice Diana Kavedza said Thuita's arguments were merited.
"I find it necessary, at this ex-parte stage, to grant anticipatory bail to the applicant in the sum of Sh200,000, to be deposited in court," the judge said in orders issued on September 26.
The court, however, allowed the respondents to investigate or charge Thuita for any criminal conduct.
"However, they shall not arrest, neither shall they detain him in view of the order above, or until further orders of the court," the judge added.
The court ordered Thuita to cooperate with the investigators during the period of investigations.
Further, the court ordered that the DPP, upon investigations is at liberty to present any charge against Thuita in any court in which case the orders of the present court shall lapse.
Such trial court, it was added, will be at liberty to set any new terms of bail/bond or determine whether or not to grant bail/bond.
Thuita is under investigation by the EACC on tenders relating to the Ruiru-II, Karimenu and Kitui Matuu Water Projects.
Thuita resigned on Saturday, after having been appointed as the CEO of Athi Water in June 2017.
His position was expected to expire in May next year.
Following the resignation, the agency said Engineer Joseph Mungai Kamau will perform the functions of the CEO in an acting capacity.
The matter will be mentioned on November 21, 2023, for directions.
