The Ethics and Anti-Corruption Commission (EACC) has secured the dismissal of five applications by Kiambu Governor Kimani Wamatangi and other defendants seeking to strike out its suit for the recovery of Ksh 813.1 million linked to alleged irregularities in road tender awards.
The suit relates to payments 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 tender awards to companies in which he held a beneficial interest, and that forged or falsified documents were used to secure the contracts.
The Commission seeks recovery of Ksh 813,145,532.40 from the defendants jointly and severally, alongside forfeiture of funds held in the companies’ bank accounts.
In her ruling dated 1st October 2026, High Court Judge Rose Ougo held that the allegations of fraud, misrepresentation and falsification of tender documents require evidence to be tested at a full hearing. Whether the company directors can be held personally liable must also be determined through that process.
The Court further held that parliamentary privilege does not shield alleged unlawful conduct and that Governor Wamatangi had not established that the recovery suit duplicated the issues in his pending constitutional petition.
The recovery suit will proceed to hearing.
