A petition has been filed in Court seeking to suspend and ultimately nullify President William Ruto’s recent move to establish the Presidential Multi-Agency Team on the War Against Corruption (MAT-WAC).
In the case, Dr. Benjamin Gikenyi and others, argues that the proclamation issued yesterday creating the team was unconstitutional, illegal, and a direct attempt to usurp the powers of independent institutions such as the Ethics and Anti-Corruption Commission (EACC).
They want the court to issue conservatory orders barring MAT-WAC from compiling reports, making recommendations, or undertaking any form of activity until the case is heard and determined.
They insist that Article 132(4) of the Constitution does not grant the President powers to establish anti-corruption agencies, powers which are expressly reserved for independent commissions like the EACC under Article 79 and the Ethics and Anti-Corruption Commission Act.
They further contend that by placing MAT-WAC under the Executive Office of the President, the head of state is effectively shielding himself and his office from scrutiny.
The petition highlights previous reports by the Auditor-General linking the presidency to alleged corruption scandals, including the controversial Sh104 billion SHA system procurement and questions surrounding the e-Citizen platform fees.
The petition also accuses the government of duplicating the work of established anti-graft and financial oversight bodies such as the EACC, the Office of the Director of Public Prosecutions (ODPP), the Asset Recovery Agency (ARA), and the Central Bank of Kenya, whose independence is protected by the Constitution.
It warns that the existence of MAT-WAC during a political season raises fears that its activities could be extended to political witch-hunts.
Concerns were also raised over the team’s funding model, which will draw resources from the budgetary allocations of its member institutions as well as other sources.
The petitioners argue that this arrangement violates constitutional provisions on public finance and accountability since Parliament was not involved in approving the allocations.
They add that using public funds on MAT-WAC amounts to duplication of roles and wastage of scarce resources, contrary to Article 201(d) of the Constitution.
Other issues raised include lack of clarity on how team members were selected, possible violation of the rights of public servants under Article 236, and the risk of exposing private data to non-state actors involved in the team’s operations.
The want the court to suspend MAT-WAC’s operations in its entirety, terming the body illegal and unconstitutional
