The Ethics and Anti-Corruption Commission (EACC) has been authorised by the High Court to continue with its suit to recover over Sh220 million allegedly lost through corrupt procurement linked to the 2018 African Nations Championship (CHAN) sports facilities tender.

The suit, initiated in 2025, targets contractor Gregori International, former Football Kenya Federation president Nicholas Mwendwa, former Sports Principal Secretary Kirimi Peter Kaberia, and three others. The State Department for Sports Principal Secretary is also listed as an interested party.

Background of the Case

The dispute centers on a Sh995 million tender awarded between 2017 and 2018 for designing, rehabilitating, and installing sports infrastructure ahead of CHAN 2018. EACC investigations revealed that Gregori International was not registered with the National Construction Authority at the time it won the contract, only obtaining accreditation after signing the agreement.

The commission alleges collusion between the contractor and public officials to manipulate procurement procedures, resulting in unlawful payments amounting to Sh220.4 million from public funds.

Legal Proceedings and Court Ruling

Gregori International sought to dismiss the case, arguing it was filed beyond the legal time limit and that a prior commercial dispute had already addressed related matters. The company cited a partial judgment it secured against the Ministry of Sports in that commercial case.

However, Justice Rose Ougo ruled on July 31, 2026, that the anti-corruption case is distinct from contractual disputes, focusing instead on allegations of corruption, abuse of office, and unlawful payments. The judge emphasized that these serious claims warrant a full trial rather than dismissal at a preliminary stage.

Justice Ougo further noted that EACC’s mandate to investigate corruption and recover public assets is independent of the Attorney General’s role representing the government in civil litigation.

Implications

  • The ruling allows EACC to proceed with claims to recover public funds lost due to alleged corrupt procurement practices.
  • The court rejected the defense that the suit was time-barred without hearing evidence on the matter.
  • The case highlights ongoing scrutiny of public procurement processes linked to major sporting events in Kenya.

The 2018 CHAN tournament was originally scheduled to be hosted in Kenya but was eventually held in Morocco.