The Ethics and Anti-Corruption Commission (EACC) has overcome attempts by Kiambu Governor Kimani Wamatangi and other defendants to have a KSh813.1 million asset recovery case against them dismissed.
The defendants had filed five separate applications seeking to terminate the commission’s suit, which concerns money allegedly obtained through irregular road tender awards.
The case centres on payments made to five companies contracted by the Kenya Urban Roads Authority (KURA), Kenya Rural Roads Authority (KeRRA) and Kenya National Highways Authority (KeNHA).
EACC alleges that Wamatangi, who was serving as a senator at the time, improperly influenced the award of the contracts to companies in which he allegedly had a beneficial interest. The commission also claims that falsified or forged documents were used during the tendering process.
The anti-corruption agency is seeking to recover KSh813,145,532.40 from the defendants jointly and severally, as well as forfeiture of money held in bank accounts belonging to the companies.
In a ruling delivered on October 1, 2026, Justice R. E. Ougo dismissed the five applications, finding that the allegations of fraud, misrepresentation and falsification of tender documents must be examined through a full hearing.
The judge also held that the question of whether the directors of the companies can be held personally responsible for the alleged losses requires determination after evidence has been presented and tested in court.
The court further found that parliamentary privilege does not protect alleged unlawful conduct. It also rejected Wamatangi’s argument that the recovery proceedings duplicated matters raised in his pending constitutional petition.
The KSh813 million recovery case will now proceed to full hearing.
