Audio By Vocalize

Kiambu Governor Paul Kimani Wamatangi and six others have suffered a setback after the High Court rejected bids to strike out an EACC case seeking recovery of Sh813.1 million

Those who had applied to be removed in the suit include Wamatangi alongside Charles Kiarie Kimani, Faith Wambui Njeri, Joseph Mwaura Kimani, Annie Murugi Njoroge, Mary Esther Njeri and Nicholas Kimani Njoroge, seeking to have them removed from the suit.

The ruling is a win for the Ethics and Anti-Corruption Commission (EACC), which the court directed to proceed with its recovery case over money allegedly linked to irregular road tenders awarded to companies associated with the county and his alleged associates.

The judge directed EACC to prosecute its case and provide sufficient evidence to support its allegations, leaving the question of personal liability to be determined after the evidence is tested at trial.

Wamatangi had asked the court to strike out the case against him, arguing that he was not a director of the companies that received contracts from the Kenya Urban Roads Authority, Kenya Rural Roads Authority and Kenya National Highways Authority.

He also denied influencing the tenders and argued that the suit was politically motivated.

EACC, however, told the court that its investigations had established that Wamatangi, during his tenure as a senator, influenced the tender processes and awards, engaged in breach of trust, abuse of office and conflict of interest resulting in the award of contracts and receipt of a benefit amounting to Sh813,145,532.40.

The commission further alleged that investigations established that Wamatangi had registered the companies, held majority shareholding and was a signatory to their bank accounts.

EACC also told the court that he received funds directly into his Parliamentary Sacco account from the companies’ bank accounts.

The Wamatangi and other defendants had also relied on the separate legal personality of companies, arguing that they could not be held personally liable merely because they were directors.

But Justice Ougo held that the allegations of fraud, misrepresentation and falsification of documents pleaded by EACC required evidence to be tested at a full hearing.

“These allegations must be substantiated by evidence and tested at the hearing,” the judge said.

The court also rejected Wamatangi’s argument that parliamentary privileges protected him from the proceedings.

Justice Ougo held that the Parliamentary Powers and Privileges Act did not shield members of Parliament from allegations of unlawful conduct.

The judge further dismissed Wamatangi’s argument that the EACC case was sub judice because of another constitutional petition, finding that he had failed to demonstrate that the parties and issues in the two cases were the same.

.std-banner-wrap {
max-width: 100%;
width: 100%;
position: relative;
margin: 2.5rem 0 2rem;
font-family: Georgia, ‘Times New Roman’, serif;
}

.std-top-rule {
display: flex;
height: 4px;
}

.std-top-rule .r1 {
background: #CC0000;
flex: 3;
}

.std-top-rule .r2 {
background: #C9A84C;
flex: 1;
}

.std-top-rule .r3 {
background: #0D0D0D;
flex: 6;
}

.std-banner {
background: #F9F5F0;
padding: 2rem 2.2rem 1.8rem;
position: relative;
overflow: hidden;
box-shadow: 0 4px 24px rgba(0, 0, 0, 0.10), 0 1px 0 #C9A84C;
border-left: 4px solid #CC0000;
}

.std-banner::before {
content: ‘S’;
position: absolute;
right: -1rem;
top: -2rem;
font-family: Georgia, serif;
font-size: 14rem;
font-weight: 900;
color: rgba(204, 0, 0, 0.04);
line-height: 1;
pointer-events: none;
user-select: none;
}

.std-eyebrow {
display: inline-flex;
align-items: center;
gap: 0.5rem;
font-size: 0.62rem;
font-weight: 700;
letter-spacing: 0.2em;
text-transform: uppercase;
color: #CC0000;
margin-bottom: 0.85rem;
font-family: Arial, sans-serif;
}

.std-eyebrow::before {
content: ”;
display: block;
width: 18px;
height: 1.5px;
background: #CC0000;
}

.std-banner-title {
font-family: Georgia, ‘Times New Roman’, serif;
font-size: clamp(1.3rem, 3.5vw, 1.75rem);
font-weight: 900;
color: #0D0D0D;
line-height: 1.2;
margin: 0 0 0.75rem;
letter-spacing: -0.02em;
}

.std-banner-title .std-hl {
color: #CC0000;
font-style: italic;
}

.std-divider {
display: flex;
align-items: center;
gap: 0.6rem;
margin-bottom: 0.9rem;
}

.std-divider::before,
.std-divider::after {
content: ”;
flex: 1;
height: 1px;
background: #d8d0c6;
}

.std-divider-dot {
width: 6px;
height: 6px;
border-radius: 50%;
background: #CC0000;
flex-shrink: 0;
}

.std-banner-body {
font-size: 0.97rem;
line-height: 1.7;
color: #2C2C2C;
font-weight: 400;
margin: 0 0 1.4rem;
font-family: Georgia, serif;
}

.std-banner-body strong {
font-weight: 700;
color: #0D0D0D;
}

.std-cta-row {
display: flex;
align-items: center;
gap: 1rem;
flex-wrap: wrap;
margin-bottom: 1.2rem;
}

.std-btn-subscribe {
display: inline-flex;
align-items: center;
gap: 0.6rem;
background: #CC0000;
color: #fff !important;
font-family: Arial, sans-serif;
font-size: 0.8rem;
font-weight: 700;
letter-spacing: 0.1em;
text-transform: uppercase;
padding: 0.72rem 1.5rem 0.72rem 1.3rem;
border: none;
cursor: pointer;
text-decoration: none !important;
border-bottom: none !important;
position: relative;
overflow: hidden;
transition: background 0.2s ease, transform 0.15s ease, box-shadow 0.2s ease;
box-shadow: 0 4px 16px rgba(204, 0, 0, 0.3);
clip-path: polygon(0 0, calc(100% – 10px) 0, 100% 50%, calc(100% – 10px) 100%, 0 100%);
padding-right: 1.8rem;
}

.std-btn-subscribe:hover,
.std-btn-subscribe:focus,
.std-btn-subscribe:visited,
.std-btn-subscribe:active {
background: #A00000 !important;
color: #fff !important;
transform: translateY(-1px);
box-shadow: 0 6px 22px rgba(204, 0, 0, 0.4);
text-decoration: none !important;
border-bottom: none !important;
outline: none;
}

.std-btn-subscribe:active {
transform: translateY(0);
}

.std-btn-arrow {
display: inline-block;
font-size: 1rem;
line-height: 1;
transition: transform 0.18s ease;
}

.std-btn-subscribe:hover .std-btn-arrow {
transform: translateX(3px);
}

.std-dismiss {
font-size: 0.75rem;
color: #999;
background: none;
border: none;
border-bottom: 1px dashed #ccc;
padding: 0 0 1px;
cursor: pointer;
font-family: Georgia, serif;
letter-spacing: 0.03em;
transition: color 0.2s;
}

.std-dismiss:hover {
color: #333;
border-bottom-color: #333;
}

/* Payment logos */
.std-payment-row {
display: flex;
align-items: center;
gap: 0.45rem;
flex-wrap: wrap;
padding-top: 1rem;
border-top: 1px solid #e0d9d0;
margin-bottom: 0.7rem;
}

.std-pay-label {
font-size: 0.6rem;
color: #aaa;
letter-spacing: 0.14em;
text-transform: uppercase;
font-family: Arial, sans-serif;
margin-right: 0.2rem;
white-space: nowrap;
}

.std-pay-badge {
display: inline-flex;
align-items: center;
justify-content: center;
height: 24px;
padding: 0 0.5rem;
border-radius: 3px;
border: 1px solid #e0d7ce;
background: #fff;
box-shadow: 0 1px 3px rgba(0, 0, 0, 0.05);
}

/* M-Pesa */
.std-mpesa-text {
font-family: Arial, sans-serif;
font-size: 0.7rem;
font-weight: 900;
}

.std-mpesa-m {
color: #39b74a;
}

.std-mpesa-dash {
color: #db3939;
}

.std-mpesa-p {
color: #39b74a;
}

/* Visa */
.std-visa-text {
font-family: ‘Times New Roman’, Times, serif;
font-size: 0.82rem;
font-weight: 900;
font-style: italic;
color: #1a1f71;
letter-spacing: -0.03em;
}

/* Mastercard */
.std-mc-wrap {
position: relative;
width: 28px;
height: 16px;
}

.std-mc-left {
width: 16px;
height: 16px;
border-radius: 50%;
background: #eb001b;
position: absolute;
left: 0;
top: 0;
}

.std-mc-right {
width: 16px;
height: 16px;
border-radius: 50%;
background: #f79e1b;
position: absolute;
right: 0;
top: 0;
mix-blend-mode: multiply;
}

/* Airtel Money */
.std-airtel-text {
font-family: Arial, sans-serif;
font-size: 0.64rem;
font-weight: 800;
}

.std-airtel-a {
color: #ec2427;
;
}

.std-airtel-m {
color: #dd3436;
font-weight: 600;
}

/* Equitel */
.std-equitel-text {
font-family: Arial, sans-serif;
font-size: 0.6rem;
font-weight: 700;
color: #003087;
letter-spacing: 0.02em;
}

.std-equitel-eq {
color: #e2001a;
}

/* Trust strip */
.std-trust-strip {
display: flex;
align-items: center;
gap: 0.45rem;
flex-wrap: wrap;
}

.std-trust-strip .std-shield {
width: 11px;
height: 11px;
fill: #C9A84C;
flex-shrink: 0;
}

.std-trust-strip span {
font-size: 0.67rem;
color: #aaa;
letter-spacing: 0.03em;
font-family: Arial, sans-serif;
}

.std-trust-strip .std-dot {
width: 3px;
height: 3px;
border-radius: 50%;
background: #ccc;
flex-shrink: 0;
}

/* Bottom rule */
.std-bottom-rule {
height: 2px;
background: linear-gradient(to right, #C9A84C, #CC0000, #0D0D0D);
}

/* Entrance animation */
@keyframes stdSlideUp {
from {
opacity: 0;
transform: translateY(20px);
}

to {
opacity: 1;
transform: translateY(0);
}
}

.std-banner-wrap {
animation: stdSlideUp 0.5s cubic-bezier(0.22, 1, 0.36, 1) both;
}

Support Independent Journalism

Stand With Bold Journalism.
Stand With The Standard.

Journalism can’t be free because the truth demands investment.
At The Standard, we invest time, courage and skills to bring you accurate,
factual and impactful stories. Subscribe today and stand with us in the
pursuit of credible journalism.

Continue
→

Pay via

Secure Payment

Kenya’s most trusted newsroom since 1902

Kiambu Governor Paul Kimani Wamatangi and six others have suffered a setback after the High Court rejected bids to strike out an EACC case seeking recovery of Sh813.1 million

Justice Rose Ougo of the Milimani Anti-Corruption High Court on Friday dismissed five separate applications filed by Wamatangi and other defendants seeking to have them removed from the suit after finding that the case was not so hopeless as to warrant striking it out at the preliminary stage.
Those who had
applied to be removed
in the suit include Wamatangi alongside Charles Kiarie Kimani, Faith Wambui Njeri, Joseph Mwaura Kimani, Annie Murugi Njoroge, Mary Esther Njeri and Nicholas Kimani Njoroge, seeking to have them removed from the suit.

“I am inclined to disallow the Applications to strike out the 1st and 7th to 13th Defendants/Applicants at this stage, on the ground that the pleadings, as drawn, are not so hopeless as against them as to warrant striking them out,” Justice Ougo ruled.
Wamatangi had asked the court to strike out the
case against him
, arguing that he was not a director of the companies that received contracts from the Kenya Urban Roads Authority, Kenya Rural Roads Authority and Kenya National Highways Authority.

He also denied influencing the tenders and argued that the suit was politically motivated.
EACC, however, told the court that its investigations had established that Wamatangi, during his tenure as a senator, influenced the tender processes and awards, engaged in breach of trust, abuse of office and conflict of interest resulting in the award of contracts and receipt of a benefit amounting to Sh813,145,532.40.

The commission further alleged that investigations established that Wamatangi had registered the companies, held majority shareholding and was a signatory to their bank accounts.

EACC also told the court that he received funds directly into his Parliamentary Sacco account from the companies’ bank accounts.
The Wamatangi and other defendants had also relied on the separate legal personality of companies, arguing that they could not be held personally liable merely because they were directors.

But Justice Ougo held that the allegations of fraud, misrepresentation and falsification of documents pleaded by
EACC required evidence t
o be tested at a full hearing.
Stay informed. Subscribe to our newsletter
“These allegations must be substantiated by evidence and tested at the hearing,” the judge said.
The court also rejected Wamatangi’s argument that parliamentary privileges protected him from the proceedings.