By Felix Njenga
The attorney general and Ethics and Anti Corruption Commission (EACC) have responded to an application filed in Kiambu high court by a kiambu residents seeking court orders to bar them from harassing Kiambu Governor Kimani Wamatangi stating that the application is frivolous and the resident has not right to institute the application.
An application had been filed before high court judge Dorah Chepkwony under certificate of urgency by Stephen Mwangi versus the Attorney General (AG), Director Public Prosecutions (DPP), Ethics and Anti Corruption Commission (EACC), National Police Service (NPS) and chief magistrate milimani law courts praying upon the high court to issue an injunction orders restraining and barring the DPP, EACC and chief magistrate Milimani law courts from arresting and prosecuting governor of Kiambu County namely Paul
Kimani alias Wamatangi.
Wanjiru Wanja the litigation counsel representing the attorney general and chief magistrate milimani court opposed the petition by Mwangi giving grounds that he has not demonstrated to the court how they have violated the constitution.
Another ground was that no evidence has been adduced in court that Mwangi has suffered prejudice, damages or violation of rights and freedoms under the constitution by the attorney general and chief magistrate court milimani.
The EACC being represented by Ruth Kemunto also opposed the application giving grounds that the procedure to which the petition has been brought us unknown to law.
They said that the petitioner has no locus standing to institute the plaint and has no right to relief to respect of or arising out of any alleged actions undertaken by EACC with respect to the investigations touching on the Governor of Kiambu county.
The EACC is mandated to investigate corruption and economic crimes and cannot be stopped from exercising it’s lawful mandate.
The EACC also gave grounds opposing application that Mwangi has not disclosed to the court of alleged constitutional violations or identified any constitutional provisions alleged to have been infringed or threatened to be infringed.
Mwangi had prayed for the court to issue an injunction orders barring Governor Wamatangi’s Deputy Governor Rosemary Kirika from being sworn in as Governor of Kiambu County neither taking over leadership without justice pending the hearing and determination of the petition.
He also prayed for the court to issue conservatory orders restraining and barring the EACC and NPS from investigating neither arresting governor Wamatangi pending the hearing and determination of the petition.
He however prayed for the court to issue stay interim orders restraining chief magistrate milimani court for anti corruption from proceeding with Case Number MCACMISC/E550/2025 pending the hearing and determination of the petition.
The grounds of the petition stated that EACC and NPS have been harassing Governor Wamatangi for political reasons.
The petitioner laid grounds that on the 15th of April 2025 early morning hours EACC and NPS raided the Governors residential home unlawfully, while harassing the governor and his family for the purposes of politically bringing him down on account of fighting corruption.
He said that on the same date the EACC and NPS forcibly escorted the Governor to Nairobi Integrity House whereby recorded the statement there of for interrogations.
He states that according to sources, Governor Wamatangi political rival forces through their bloggers have been writing on various social media platforms confirms that it is totally a political witch hunt with the
intention to overthrow his leadership in order to replace him with people of their choices without justice.
Another ground is that the bloggers in the social media who are close associates of his political opponents have publicly disclosed that it was stage managed to ouster Governor Wamatangi from leadership due to his positive impacts he has made in order to make Kiambu great again.
He states that since the County Assembly of Kiambu has nothing wrong to accuse Governor Wamatangi his political enemy has applied a new methodology of using state machinery to
prosecute criminal element in order to get him out of office.
He said that there is need for suspension of the harassment stopping the EACC and NPS against Governor Wamatangi in order to allow the petition to be heard and determined since the same will be rendered nugatory if the respondents continue to harass him inorder for the people of kiambu to lose county services under his administration.
He said that the political harassment through state’s agencies violates Governor Wamatangi fundamental rights, and liberties and freedoms under -the Constitution of Kenya 2010.
“The respondents will not be prejudiced in any way if the orders sought herein are granted.
It is in the interest of justice that my Governor Wamatangi be protected by the honorable court pending the hearing and determination of the present petition,” read the petitioner affidavit.
The court has however granted Mwangi the petitioner seven days to reply on the grounds for opposition of his petition not to be heard where the matter will be heard on 19th June 2025.
