The High Court is set to issue directions today in a suit filed by the Ethics and Anti-Corruption Commission (EACC) seeking to recover Sh813.1 million from Kiambu Governor Kimani Wamatangi and 13 other respondents over alleged graft linked to road construction tenders.
The matter will be mentioned before Justice Lucy Njuguna, who is expected to give directions on how the case will proceed.
The EACC moved to court in a suit filed on October 31, 2025, seeking restitution of what it terms as public funds allegedly lost through irregular procurement processes.
According to the Commission, the funds represent proceeds of corruption and unjust enrichment arising from the award of road construction contracts during the 2018/2019 to 2021/2022 financial years.
In its pleadings, the anti-graft agency claims that investigations uncovered conflict of interest and irregularities in the award of tenders by the Kenya National Highways Authority (KeNHA), Kenya Urban Roads Authority (KURA), and Kenya Rural Roads Authority (KeRRA).
The Commission is asking the court to order the repayment of the Sh813.1 million to the government, together with interest and general damages for what it describes as a breach of public trust.
It has also sought preservation and eventual forfeiture of funds held in several bank accounts registered under the companies implicated, pending the determination of the case.
Wamatangi’s lawyers have, however, expressed their intention to oppose the application.
The civil recovery proceedings come against the backdrop of a separate constitutional petition filed by Governor Wamatangi, in which he sought to block his arrest and prosecution over related investigations.
In that petition, Wamatangi argued that he was being unfairly targeted and claimed the investigations were politically motivated.
Justice Chacha Mwita of the Constitutional and Human Rights Division previously extended interim orders stopping his arrest.
The Director of Public Prosecutions, opposed the petition, arguing that Wamatangi had an interest in the companies under investigation and warning that parallel proceedings risked duplicating issues and leading to conflicting court decisions.
However, the governor has denied having any shareholding or beneficial interest in the companies named by the EACC.
Today’s directions before Justice Njuguna are expected to
chart the way forward for the recovery suit as the court considers the
competing positions raised by the parties.
KNH unveiling of Kalombotole's mental report
Elsewhere, the High Court sitting in Kibera is expected to issue directions today in the murder case against Kennedy Kalombotole, the main suspect in the killing of two patients at Kenyatta National Hospital (KNH).
The matter comes up amid prolonged delays occasioned by conflicting psychiatric assessments on Kalombotole’s mental fitness to stand trial.
The court has been grappling with divergent medical opinions, which have stalled the substantive hearing of the case.
Initially, a mental assessment conducted at Mbagathi Hospital found Kalombotole fit to plead.
However, a subsequent evaluation by a private psychiatrist reached the opposite conclusion, finding him unfit to stand trial and thereby contradicting the earlier report.
The conflicting findings prompted the defence and prosecution to take opposing positions on how the trial should proceed.
In a bid to resolve the impasse, Justice Diana Kavedza ordered a fresh and independent mental assessment to be conducted at KNH.
Notably, one of the victim’s sides has raised questions on whether the hospital could provide an impartial assessment given that the alleged offences occurred within its premises.
The court directed that the report be comprehensive and address the inconsistencies raised by the earlier evaluations.
The KNH mental assessment is expected to be unveiled later today, after which the court will issue further directions on the way forward.
