The High Court in Nairobi has extended interim 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 until October 8.
Justice Chacha Mwita issued the extension on Thursday, September 18, while giving directions on a constitutional petition before him.
The judge directed Governor Wamatangi, through his lawyer Stephen Ligunya, to file submissions within seven days and reminded all parties to comply with earlier case-management orders issued on July 24.
Henry Achochi, representing the Office of the Director of Public Prosecutions, told the court there was an existing petition before Justice Bahati Mwamuye involving directors of the same companies that are the subject of the contested investigations.
Achochi claimed that Governor Wamatangi had an interest in those firms, arguing that since interim orders had already been granted in the earlier case, the present petition risked duplicating issues and producing conflicting rulings.
"If these cases proceed concurrently, this is likely to embarrass the court as decisions may be made differently," he said.
In response, Ligunya dismissed the claim, stating that his client was neither a shareholder in the companies under probe nor a party to the earlier petition.
He argued that the governor had been unfairly linked to the firms and asked the court to extend the conservatory orders to shield him from arrest or prosecution while the petition is determined.
Justice Mwita pressed Achochi on whether the parties in the two cases were the same.
Achochi admitted they were not identical but maintained that the directors involved were the same and that the issues raised were similar.
He noted the earlier petition had been filed before the present one and was scheduled for directions on October 8, urging the court to consider consolidating the two matters.
Separately, the EACC had filed an application dated August 8 seeking to transfer the petitions to the Anti-Corruption and Economic Crimes Division.
However, Justice Mwita observed that consolidation could only be considered if both matters were properly before the same court.
He cautioned that one judge could approve a transfer while another declined, creating procedural complications. He urged parties to take steps that would allow the case to progress rather than stall.
"It is difficult to order consolidation unless the two matters are before that court. We look at matters, parties, issues… I can't order the consolidation for now," Justice Mwita said.
In his ruling, the judge extended the conservatory orders until October 8, adding that he was preparing the case for hearing regardless of which court ultimately handled it, to cut backlog and ensure readiness for trial.
The matter will be mentioned again on that date for further directions.
