In a ruling delivered by Justice Bahati Mwamuye, the court refused to grant interim orders that would have barred the Ethics and Anti-Corruption Commission (EACC) from proceeding with investigations and possible charges against the governor.

Instead, the judge directed that the respondents, including the EACC and the Office of the Director of Public Prosecutions (ODPP), be formally served with court papers.

The matter is scheduled for mention on September 7 to confirm compliance and allow for responses.

Governor Barchok had filed an urgent application, seeking the court’s intervention to halt what he described as an unlawful attempt to arrest and arraign him.

Through his legal team, the governor argued that the corruption allegations were without merit and crafted to malign his reputation.

Central to the case is a payment made to Barchok by Chemasus Construction Limited, which the EACC believes may constitute a conflict of interest.

The anti-graft body is investigating whether the transaction had links to contracts awarded by the Kenya Rural Roads Authority (KeRRA) and the Bomet County Government.

Barchok, however, has maintained that the payment in question was tied to a private lease agreement unrelated to any public procurement dealings.

“There was no conflict of interest. A simple verification would have made that clear,” Barchok told the court, insisting the matter was being politicized.

The High Court’s decision came shortly after the EACC issued summons to both Governor Barchok and former Bungoma Governor Wycliffe Wangamati.

The two are under investigation alongside several company directors and associates alleged to be linked to procurement irregularities.

The ODPP has reportedly given clearance for the prosecution of the implicated parties once investigations are complete.

Governor Barchok, along with Evans Kipkoech Korir, a director of Chemasus Construction, is at the center of inquiries focusing on alleged irregular financial dealings within the Bomet County administration.

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The plans to remove former Nairobi Governor Mike Sonko from office were orchestrated at State House, the Anti-Corruption Court heard on Monday.

Testifying before Milimani Principal Magistrate Charles Ondieki, former Nairobi County CEC for Finance, Winfred Gathagu, alleged that the graft charges leveled against Sonko were part of a well-planned strategy spearheaded by senior officials at State House aimed at pushing him out of office.

“My colleagues and I from the Nairobi County were approached severally by senior officials from State House in order to assist in coming up with solid cases against my former boss, Mike Sonko, for court cases, impeachment, and so on,” Gathagu told the court.

Gathagu testified that Sonko was targeted due to his anti-corruption stance at City Hall, asserting that the entire plan to oust him was hatched at the highest levels of government.

“That all happened because Sonko was fighting corruption at City Hall,” she stated.

Led in her evidence by lawyers Assa Nyakundi and Elizabeth Ochieng, the former finance officer detailed how she was drawn into the case, revealing that she had recorded two statements with the Ethics and Anti-Corruption Commission (EACC) on January 15 and 20, 2020. 

The finance officer said that she had testified in the case both as a prosecution witness, under witness protection, and as a defence witness for Sonko

Although she initially testified for the prosecution, she refused to lie in court and chose to tell the truth.

As a result, the state almost arrested her.

She further informed the court of her involvement with Webtribe Ltd, also known as Jambo Pay, the firm contracted to provide electronic revenue collection services for the Nairobi County Government.

“I made payments to Webtribe, also known as Jambo Pay, when I was Chief Officer Finance for the services that were rendered for collecting revenue electronically on behalf of the Nairobi County Government.”

When questioned about her familiarity with the company’s leadership,  she responded:”Yes, I am aware of the director Danson Muchemi, since we used to liaise with them on a day-to-day basis on revenue collection. I confirm I found the company had already been rendering services to the former governor evans Kidero administration since 2018.”

She clarified that payments were made without external influence and explained the reasons behind delays.

“I paid the company without any influence. The main reason for delayed payments to Jambo Pay was because the exchequer had not released money to the county, and sometimes the money the county had was used to cater for urgent operational costs,” Gathagu stated.

She emphasized that Sonko was not involved in any specific payment processes.

“Sonko was not involved in the payments of services offered. He was only involved in budget-making.”

When questioned by Lawyer Nyakundi on whether she was ever influenced by Sonko to make payments to any individuals, including an alleged 25,000 people, she denied the claims outright.

“I was not influenced by Sonko to effect any payments, including to service providers. I would pay service providers after receiving money from the Central Bank of Kenya.”

Gathagu further testified that Sonko had raised concerns about the integrity of City Hall cashiers.

“Sonko kept complaining about cashiers at City Hall and would threaten to have them sacked for malpractices.”

She added: “It is true that we discovered some irregularities in effecting payments and that is why my former boss Sonko kept complaining. We were trying to correct the same and when we discovered irregularities in the payment system, we fired the cashiers and hired fresh ones. The old cashiers had stayed for over five years.”

Despite her explosive claims about strategy meetings and the involvement of State House officials, Gathagu did not name any individuals involved in the alleged plot.

During cross-examination by DPP Wesley Nyamache, Gathagu admitted that she did not record any statement with the EACC concerning the State House plot against Sonko.

The former finance boss was testifying in a sh 20 million graft case against Sonko and his co-accused Businessman Jamal Ombok.

The hearing continues

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