The High Court has issued conservatory orders temporarily stopping the arrest and prosecution of Kiambu Governor Kimani Wamatangi, offering him a major reprieve amid ongoing corruption investigations.
Justice Chacha Mwita granted the order on Thursday after the governor’s lawyers filed an urgent application under a certificate of urgency, seeking to protect him from what they termed as imminent unlawful arrest.
In his ruling, Justice Mwita directed the Director of Public Prosecutions (ODPP) and the Ethics and Anti-Corruption Commission (EACC) not to arrest or charge Wamatangi based on the current investigations until September 18, 2025.
“A conservatory order is hereby issued restraining the respondents from arresting and charging the petitioner based on the investigations undertaken in this matter until September 18, 2025,” the judge ruled.
The court noted that while some parts of the probe were conducted under valid court orders, the ODPP had not made a decision on whether to prosecute.
The judge stressed that courts will not interfere with investigations unless it is proven that they are being conducted beyond the agencies’ constitutional mandate.
Justice Mwita further cautioned against violating the governor’s fundamental rights, including the right to privacy and human dignity, during the ongoing investigations.
Lawyer Arwa, representing Wamatangi, told the court that his client was being unfairly targeted and risked harassment and unlawful arrest, which would amount to a violation of his constitutional rights.
However, EACC, through lawyer Ruto Murugi, opposed the issuance of the conservatory orders, insisting that the agency was conducting legitimate investigations and had not engaged in intimidation.
The ODPP, represented by Counsel Achochi, did not oppose the court’s move to set timelines for responses and submissions.
