Kiambu Governor Kimani Wamatangi while before the Senate Standing Committee on Public Accounts / HANDOUTKiambu Governor Kimani Wamatangi has told the High Court that his constitutional rights were violated over investigations into alleged Senate tender meetings, which he claims were launched without first verifying whether the meetings took place.
Wamatangi made the claim before Justice Rose Ougo on Thursday as he sought to have the Senate joined as an interested party in a case challenging the investigation process being conducted against him by the Ethics Anti-Corruption Commission (EACC).
Through his lawyer Jotham Arwa, the governor argued that the Senate has a direct legal interest in the proceedings because some of the allegations under investigation relate to meetings purportedly convened or chaired by him while serving in the Senate.
Arwa told the court that the allegations claims that Wamatangi abused powers belonging to the Senate during his tenure, by chairing meetings in which certain tenders were allegedly considered and awarded to companies said to be associated with him.
However, Wamatangi's legal team said the Senate had subsequently written a letter indicating that the alleged meetings did not take place.
The lawyer questioned how the commission could have commenced investigations based on alleged Senate meetings without first approaching the Senate to establish whether the meetings actually occurred.
“How can EACC institute investigations in connection with alleged meetings of the Senate even without finding out from the Senate whether such meetings took place?” Arwa asked.
He argued that the alleged Senate's letter, which came after investigations had already commenced, demonstrated that EACC had not verified the information it relied on before launching the probe.
“It also meant that EACC did not verify whether whatever information they received regarding these alleged meetings was correct,” Arwa told the court.
According to Wamatangi, the failure to verify the information raised questions about whether the commission had credible information linking him to an offence before commencing investigations.
Arwa argued that EACC could only recommend prosecution after establishing that information received regarding an alleged crime was credible and disclosed a prima facie case.
The governor's lawyer further challenged the decision to proceed with investigations without first hearing from Wamatangi, arguing that this violated his constitutional right to fair administrative action.
“It is our humble submission that the fact that EACC can recommend prosecution even before hearing from the applicant (Wamatangi) is itself a violation of the right to fair administrative action under Article 47 of the Constitution,” he said.
Wamatangi's team maintained that the Senate should be included in the case because the dispute concerns the exercise of powers and functions associated with the House.
Arwa argued that the Senate had an identifiable legal interest in the proceedings and that its presence was necessary to help the court determine the issues raised by the petition.
In response, EACC, through lawyer Roselyne Murugi, asked Justice Ougo to dismiss the application, urging the court to restrict itself to the question of whether Wamatangi had met the legal threshold for joining the Senate.
The commission argued that Wamatangi had failed to demonstrate how the Senate would be affected by the outcome of the petition.
Murugi said the governor was attempting to introduce questions about whether the alleged meetings occurred, yet such issues concerned evidence that should be dealt with in the appropriate trial proceedings.
She also warned that joining the Senate would further delay the case, noting that pleadings had closed in November 2025.
She contended that allowing the application would further delay the determination of the petition and potentially hinder EACC from executing its investigative mandate.
“These are matters of evidence belonging to a trial court and can only be taken there. The commission has already filed a civil suit where the petitioner (Wamatangi) is a party in the matter and this evidence is properly suited in that forum," Murugi said.
"Public interest continues to suffer with delayed determination of this petition."
The DPP also opposed the application, arguing that the Senate could potentially be a prosecution witness because it is in possession of documents and records relevant to the investigations.
DPP's counsel said joining the Senate would risk turning the court into an investigative forum.
“By court allowing this application, it will interfere with investigations by EACC,” counsel told the court, adding that courts should generally restrain themselves from interfering with investigative agencies unless circumstances are compelling.
The lawyers asked Justice Ougo to dismiss Wamatangi's application to join the Senate in the case.
The High Court is expected to make a ruling on the joinder application.
