A Nairobi-based human rights activist sued the Ethics and Anti-Corruption Commission (EACC) for allegedly arresting and holding him in custody against the law in what he alleges was an attempt to muzzle his anti-corruption campaign.
Peter Odhiambo Agoro has sought the High Court intervention, alleging he was assaulted in September 2024 while pursuing records on suspicious procurement deals at the Kenyatta International Convention Centre (KICC).
In filings in court, Agoro had earlier sought written access to tender documents from KICC Chief Executive Officer James Mwaura after whistleblower allegations accused the agency of making irregular awards. Some of the tenders, he alleged, directly benefited the wife of a top EACC official.
Agoro’s lawyer, Dr. Ngala, told the court that instead of transparency, his client had been placed in the middle of a complex extortion ruse.
According to him, on September 16, 2024, when he was having a meeting with a KICC officer at a Nairobi hotel, U.S. dollars were surreptitiously deposited in Agoro’s bag before EACC officers charged into the room accompanied by a camera crew.
It was a sting, it was staged,” Ngala said, adding that Agoro was taken to EACC headquarters and then held overnight at Kilimani Police Station before being released on cash bail of Ksh 100,000.
Nearly one year on, charges remain to be preferred.
The lawyer argues that it is an example of selective justice, bad faith, and abuse of process that the prosecution waited for so long to prosecute the activist.
The lawyer continued to argue that the bail conditions have been used to intimidate Agoro and shield the architects of the procurement scam.
The petition further attacks the EACC’s move to publicize Agoro’s arrest on its social media accounts, which the activist claims damaged his reputation. He is now asking a court order to compel the agency to delete the posts and make a public apology.
Dr. Ngala further discovered that when the matter was taken up with the Commission on Administrative Justice (Ombudsman), it was revealed that the KICC CEO had also lodged a cyber harassment complaint at KICC Police Station independently. Agoro, though, was never summoned to give a statement.
Agoro contends that his arrest was part of a grand plan to protect KICC from investigation and ambush public interest litigation.
By virtue of the petition, he is seeking the dismissal of the charges against him, prevention of further prosecution, and an order for damages for unlawful arrest, detention, defamation, and mental distress.
He also wants the court to direct the CEO of KICC to provide the procurement documents he had requested on September 11, 2024.
Respondents in this matter are EACC, ODPP, and Mr. Mwaura, all of whom are still outstanding. Mention of the case will be on November 6, 2025, before Justice Bahati Mwamuye.
