Kenya High Court: Joseph Kimani Wachira Bribery Prosecution in Kenya Proceeds

NAIROBI, Kenya Oct 9 The High Court in Nairobi has dismissed a petition by lawyer Joseph Kimani Wachira seeking to block investigations and prosecution over allegations that he solicited and received a bribe on behalf of a judge. In a judgment delivered on October 7, 2026, Justice Joseph Kipkoech Biomdo ruled that the petition lacked merit and lifted interim orders that had restricted further action against the lawyer, paving the way for the Ethics and Anti-Corruption Commission (EACC) to pursue his arrest and prosecution. Wachira was arrested during an EACC operation in Karen on March 9, 2026, following preliminary investigations into allegations that he, Okiri Thomas Awili and the late former Justice Joseph Mutava had sought a financial advantage of Sh10 million from former Cabinet Secretary Raphael Tuju. According to the allegations, the money was intended to influence a sitting High Court judge to deliver a favourable ruling in a commercial dispute involving Dari Ltd and Tuju against Garam Investment Auctioneers and others in case number HCCCOMM/E636/2024. The suspects were arrested at Entim Sidai Wellness Sanctuary in Karen while allegedly receiving Sh1 million as part of the purported bribe. In dismissing the petition, Justice Biomdo found that the EACC had acted within its investigative mandate and that no illegality or violation of constitutional rights had been demonstrated to justify the courts intervention. The ruling allows the anti-graft agency to proceed with its investigations and take the necessary steps towards prosecution, subject to the applicable legal requirements. The EACC said it remained committed to combating bribery at service delivery points and improving the quality of public services. Wachiras petition sought to stop the investigations and prosecution arising from the bribery allegations, which remain subject to determination through the due process of the law.

Lawyers and compliance officers should note that the High Court is upholding the EACC's investigative mandate, making it difficult for individuals accused of bribery, even legal professionals, to block prosecution through petitions. This reinforces the need for strict adherence to anti-bribery laws and highlights the judiciary's stance against attempts to obstruct anti-corruption efforts.

Source: Original reporting via Capital FM Kenya