Kiambu Governor Kimani Wamatangi has petitioned the High Court, asserting that his constitutional rights were infringed upon during an Ethics and Anti-Corruption Commission (EACC) probe into alleged Senate tender meetings.
Wamatangi contends that investigations commenced without first confirming whether the Senate meetings in question actually took place. Represented by lawyer Jotham Arwa, the governor seeks to have the Senate joined as an interested party in the case, citing the institution's direct legal interest due to the allegations involving meetings he purportedly chaired while serving as a senator.
Key Arguments Presented
- Wamatangi's legal team highlighted a Senate letter indicating the alleged meetings never occurred, questioning why EACC initiated investigations without verifying this fact.
- They argued that commencing investigations without credible information and before hearing from the governor violates his right to fair administrative action under Article 47 of the Constitution.
- The inclusion of the Senate is deemed necessary to clarify issues surrounding the exercise of Senate powers relevant to the allegations.
EACC and DPP Oppose Joinder
- EACC's lawyer, Roselyne Murugi, urged the court to dismiss the application, stating Wamatangi failed to show how the Senate would be affected by the case outcome.
- The commission warned that joining the Senate could delay proceedings and interfere with ongoing investigations.
- The Director of Public Prosecutions (DPP) also opposed the move, suggesting the Senate might serve as a prosecution witness and cautioning against turning the court into an investigative forum.
Justice Rose Ougo is yet to rule on the application to join the Senate as a party in the case.
