The High Court has dismissed a petition filed by the Chief Executive Officer of the National Government Affirmative Action Fund (NGAAF) challenging actions related to an ongoing Ethics and Anti-Corruption Commission (EACC) investigation.
Justice Bahati Mwamuye, in his ruling, struck out the petition filed by Roy Sasaka Telewa, describing it as an abuse of the court process due to what the judge termed forum shopping.
The judge held that Telewa had moved between different courts seeking similar reliefs.
“The petitioner has failed to satisfactorily rebut the required standard, that the petitioner’s filing of the petition and its accompanying application were subsequent to the petitioner having filed an identical petition and application in the Milimani Anti-Corruption and Economic Crimes Division,” the judge observed.
“It has been established that the petitioner filed another matter on January 12, 2026, seeking the same reliefs at both interlocutory and main stage."
Telewa had earlier approached the High Court in January seeking restraint against arrest, detainment, or prosecution, citing an alleged violation of his constitutional rights.
The petition arose from EACC investigations relating to Telewa, covering the period between January 2021 and January 2026, during which he held several senior public positions.
These include his current role as NGAAF CEO, his previous tenure as Chief Executive Officer of the National Youth Council, and earlier positions as Head of Procurement at the Kenya Deposit Insurance Corporation (KDIC) and Deputy Head of Procurement at the Competition Authority of Kenya (CAK).
On January 14, 2026, the court granted interim orders barring the EACC from taking certain enforcement actions against Telewa pending further directions, while allowing investigations to continue.
The EACC opposed the petition, stating that it was acting within its constitutional and statutory mandate.
In its response, the Commission rejected claims that Telewa’s rights had been violated, noting that public officers are subject to scrutiny and investigation in line with established procedures.
The anti-graft body also filed an application on January 23, 2026, seeking to strike out the petition on the grounds that it duplicated an earlier case filed by Telewa before the Anti-Corruption and Economic Crimes Division, which had been dismissed.
The judge faulted Telewa for not disclosing the existence of the earlier petition.
The court held that the non-disclosure and parallel filings amounted to forum shopping and an abuse of the judicial process.
As a result, the petition was dismissed.
In a related matter at the Employment and Labour Relations Court, Telewa had obtained a temporary reprieve against his suspension.
The court issued conservatory orders blocking any suspension from office while the matter is under consideration.
“Pending the hearing of this application, the court is pleased to issue a temporary conservatory order restraining the respondents from suspending, removing, terminating, or interfering with the petitioner’s lawful tenure and functions as Chief Executive Officer,” the order reads.
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