Kiambu High Court Halts Wamatangi’s Arrest And Investigations Pending Jurisdiction Ruling
The Mt Kenya Times 
Stephen Mwangi a Kiambu a petitioner seeking Attorney General, EACC and NPS be barred from harrasing Governor Wamatangi in Kiambu law courts
By Felix Njenga
A Kiambu High Court has temporarily restrained the Attorney General, the Ethics and Anti-Corruption Commission, and the National Police Service from arresting or investigating Kiambu governor Kimani Wamatangi.
High Court Judge Dorah Chepkwony ruled that the “status quo” be maintained by the state offices and agencies.
The directive comes ahead of a ruling on July 4, on a preliminary objection filed by the EACC. The EACC is challenging the court’s jurisdiction over a petition brought by Kiambu voter Stephen Mwangi, who seeks injunctive orders to prevent these entities from “harassing” governor Wamatangi.
The EACC, through its representative Ruth Kemunto, argued that Mwangi’s application is “frivolous” and that the resident has no legal right to institute the application, asserting that the court lacks jurisdiction to hear the matter. Kemunto reiterated that the issue of jurisdiction remains undetermined and that the EACC is simply carrying out its constitutional mandate.
Mwangi, however, informed the court that the EACC has continued to summon and harass the governor despite the ongoing court proceedings.
Representing the Attorney General, Wanjiru Wanja requested for three days to file and serve their submissions, following the denial of their earlier preliminary objection.
The application, filed under a certificate of urgency by Mwangi, names the Attorney General, Director of Public Prosecutions m, Ethics and Anti-Corruption Commission, National Police Service and the Chief Magistrate Milimani Law Courts as respondents. Mwangi is seeking injunctions to restrain and bar the DPP, EACC, and the Chief Magistrate Milimani Law Courts from arresting and prosecuting Governor Paul Kimani alias Wamatangi.
Both the Attorney General and the Chief Magistrate Milimani Court opposed Mwangi’s petition. They argued that Mwangi had not demonstrated any constitutional violation, nor had he provided evidence of suffering prejudice, damages, or infringement of his rights and freedoms by their offices.
The EACC also opposed the application, stating that the procedure used to bring the petition was “unknown to law.” They further asserted that the petitioner has no “locus standi” (legal right) to institute the plaint and no right to relief concerning any alleged actions undertaken by EACC in its investigations touching on the Kiambu Governor. The EACC maintained its mandate to investigate corruption and economic crimes, emphasizing that it cannot be stopped from exercising its lawful duties. Additionally, the EACC argued that Mwangi had failed to disclose any alleged constitutional violations or identify specific constitutional provisions infringed or threatened.
In his petition, Mwangi had prayed for the court to; Issue injunction orders barring Governor Wamatangi’s Deputy Governor Rosemary Kirika from being sworn in or taking over leadership of Kiambu County pending the petition’s determination.
Issue conservatory orders restraining and barring the EACC and NPS from investigating or arresting governor Wamatangi pending the hearing and determination of the petition.
Interim orders restraining the Chief Magistrate Milimani Court for Anti-Corruption from proceeding with Case Number MCACMISC/E550/2025 pending the petition’s hearing and determination.
The grounds of the petition primarily allege that the EACC and NPS have been harassing governor Wamatangi for “political reasons.”
Mwangi claimed that on April 15, 2025, in the early morning hours, EACC and NPS unlawfully raided the Governor’s residential home, harassing him and his family with the aim of “politically bringing him down on account of fighting corruption.” He further stated that on the same date, the EACC and NPS forcibly escorted the Governor to Nairobi Integrity House for interrogation and to record a statement.
Mwangi asserted that, according to his sources, Governor Wamatangi’s political rivals, through their bloggers on various social media platforms, have confirmed that the actions constitute a “political witch hunt” intended to overthrow his leadership and replace him with individuals of their choosing, “without justice.” He cited public disclosures by these bloggers, whom he described as close associates of the Governor’s political opponents, that the events were “stage managed to ouster Governor Wamatangi from leadership due to his positive impacts he has made in order to make Kiambu great again.”
The petitioner further contended that since the Kiambu County Assembly has found nothing wrong to accuse Governor Wamatangi of, his “political enemy has applied a new methodology of using state machinery to prosecute criminal element in order to get him out of office.”
Mwangi stressed the necessity of suspending the harassment by EACC and NPS against Governor Wamatangi to allow the petition to be heard and determined. He argued that continued harassment would render the petition “nugatory” and cause the people of Kiambu to lose county services under his administration. He concluded that “political harassment through state’s agencies violates Governor Wamatangi’s 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 an affidavit from the petitioner.
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