The governor appeared before the Ethics and Anti-Corruption Commission (EACC) detectives following mounting concerns about questionable tender awards and procurement processes within the county government.

The probe centers on several major contracts awarded between 2022 and 2024, including road construction projects, medical equipment supplies, and county infrastructure development.

According to documents seen by investigators, the procurement irregularities involve inflated project costs, non-competitive tendering processes, and payments made to suppliers who allegedly failed to deliver goods and services.

Some contracts were reportedly awarded to companies linked to county officials and their associates.

Governor Otuoma, who took office in 2022, has maintained his innocence, stating that his administration has operated within the law and followed all due procurement procedures.

“I have cooperated fully with the investigators and provided all the documentation they requested. We have nothing to hide,” the governor said in a brief statement after recording his statement.

The investigation has also roped in several county officials, including members of the procurement committee, finance officers, and heads of various departments.

At least six county employees have already been questioned, with some asked to provide documents detailing how specific tenders were awarded.

The probe follows complaints from contractors and civil society groups who raised concerns about the transparency of procurement processes in the county.

Auditor General reports had also flagged several procurement irregularities in Busia County over the past two financial years.

EACC spokesman confirmed that investigations are ongoing and that more individuals could be summoned to assist with inquiries.

The commission has emphasized that no one will be spared if found culpable of corruption or economic crimes.

Busia County Assembly members have called for transparency in the investigations and urged all implicated officials to cooperate with authorities.

The assembly’s Public Accounts Committee has also launched its own inquiry into the procurement concerns.

If charges are preferred and convictions secured, those found guilty could face hefty fines, jail terms, and disqualification from holding public office under Kenya’s anti-corruption laws.

The investigation continues as authorities seek to recover any public funds that may have been lost through the alleged irregular procurement processes.

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Former President William Ruto’s advisers suffered a major setback after the High Court rejected their second attempt to stay in office for six months to allow handovers.

Justice Bahati Mwamuye on Wednesday dismissed the January 27 application by 21 Presidential Advisors, ruling that their request was illegal and lacked constitutional backing.

“The court finds the application misconceived and outside the law. It cannot be entertained,” Justice Mwamuye said, emphasizing that public offices must operate within the limits of the Constitution.

The advisors had sought to challenge their sacking from the Presidency, arguing that their removal was unlawful.

However, the court found that their positions were not constitutionally or statutorily guaranteed, making their claim unsustainable.

The advisers including David Ndii, Monica Juma, Jaoko Oburu, and Harriet Chigai, argued that a stay would allow them to comply with the court’s orders, facilitate proper handover, and support their planned appeal.

The Attorney General and the Public Service Commission backed them, but the Katiba Institute opposed the application, citing res judicata.

Justice Mwamuye rejected their claims of “new arguments”:

“The same arguments canvassing appeal, structural interdict, prejudice, support for the President, handover, irreparable harm and prejudice, and the others are a rehash of what was covered extensively on 22/01/2026,” he ruled.

He warned against repeated applications to bypass unfavorable rulings.

“While the Party making an Application may change, if the substance of what is being sought and the grounds or arguments in the support of the same are identical, then the doctrine of res judicata bars that second attempt.”

The ruling emphasized finality in court proceedings:”Res Judicata is an important aspect of our legal order. It preserves scarce judicial time, promotes certainty and uniformity, and prevents a matter being caught up in an unending cycle of litigation.”

In a related ruling, the court dismissed contempt charges against Ndii and Chigai over social media posts after the January 22 judgment.

Justice Mwamuye said Ndii’s posts were “a mixture of his expression of dissatisfaction with the outcome… and a comment that, while somewhat distasteful, was an expression of his personal experience with respect to an incident that occurred in the year 2017.”

Chigai’s actions, the court found, had “two equally persuasive interpretations” and did not show she was continuing in a quashed role.

“Social media comments can have real-life negative consequences… Such comments must strike the balance between our constitutionally protected freedom to express our views… and the need to protect and promote the proper administration of justice,” the judge cautioned.

The dispute stems from a case filed by the Katiba Institute challenging the constitutionality of the Presidential Advisor offices.

The January 22 judgment quashed the positions, with advisers’ immediate oral stay applications rejected.

The new written application has now also been dismissed, leaving the judgment fully in force.

Advisers retain the right to appeal the substantive judgment to the Court of Appeal.

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In a ruling delivered by Justice Samwel Mohochi, the court made it clear that public entities may only hire external legal counsel with formal, express approval from the Attorney-General or relevant county authorities, where in-house legal officers exist.

“Until the respondents demonstrate that the engagement of external counsel is necessary, justified, and constitutes prudent use of public funds, the conservatory orders will remain in force,” Justice Mohochi said.

“This court will not lift the orders at this stage, pending full evidence from the Attorney-General, state corporations, and county governments of how they use prudent they use the resources.”

The ruling follows an attempt by over 100 lawyers led by LSK President Faith Odhiambo to have the orders vacated, arguing that outsourcing legal services is lawful and often necessary for complex matters requiring specialised expertise.

The judge, however, declined their application, noting that respondents had failed to provide sufficient material to justify the continued engagement of private advocates.

Under the court orders, effective January 12, 2026, no public entity shall procure, continue to procure, or engage private lawyers where in-house legal officers exist unless the engagement is formally approved and properly justified.

Similarly, no public officer may release or approve funds for external legal services without fully meeting the strict conditions set by the court.

For national government bodies, formal approval must come from the Attorney-General, while county governments are required to obtain approval from their County Executive Committees or a recommendation from the County Attorney, confirming that the engagement is necessary and that public funds are used prudently.

The court further clarified that any engagement of private lawyers must be supported by formal justification.

This includes detailing the nature of the case and the subject matter involved, the expected duration of the proceedings, the fee structure and overall financial implications, and a demonstration that the matter requires specialised expertise not available within the entity’s in-house legal team.

Justice Mohochi stressed that the orders do not affect ongoing legal matters or instructions given prior to January 12, 2026, which may proceed unaffected.

The ruling stems from a petition challenging what the court described as the runaway and routine outsourcing of legal services by public institutions, which the petitioners argue has wasted taxpayers’ and pensioners’ funds.

The petitioners, including Magare Gikenyi and Busia Senator Okiya Omtatah, contend that the practice violates Articles 1, 3, 10, 201(a) and (d), and 227(1) of the Constitution.

The court has scheduled the matter for inter partes hearing and further directions on January 30, 2026, when respondents are expected to present evidence justifying the engagement of private advocates.

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In the suit filed At Anti-corruption High Court the Commission wants the millions of shillings so far frozen in five bank accounts belonging to the governor, his wife Anne Wanjiru Wamatangi, his son Brian Kimani Wamatangi, and daughter Michelle Wanjiku Wamatangi and five companies associated with him be forfeited to the state as they were acquired corruptly.

Through lawyer Ben Murei, the anti-graft agency says that Governor Wamatangi, while serving as Chairperson of the Senate Standing Committee on Roads, Transportation and Housing, abused his position to influence the award of government tenders to companies associated with him.

The firms linked to the county boss include Lub Plus Oil & Energy Company Limited, King Group Company Limited, King Construction Company Limited, King Realtors Company Limited, and Quick Fix Auto Garage Limited, all said to have been used to receive irregular payments totaling over Sh813 million.

The alleged misconduct occurred between the 2018 to 2019 and 2021 to 2022 financial years.

According to the EACC, Wamatangi colluded with the companies to engage in fraudulent practices, including submitting forged or falsified bid documents to fraudulently win tenders and falsely demonstrating technical capacity to undertake the works to the detriment of the public.

The Commission argues that his Wife, son, and daughter were used as proxies to conceal the governor’s beneficial ownership of the companies that received payments from KeNHA, KURA, and KeRRA.

The Commission further states that Wamatangi concealed his interest in companies irregularly awarded contracts by purporting to relinquish directorship to close family members and proxies.

Investigations, however, revealed that he remained a signatory to the companies’ bank accounts and continued to transact on them, making him the beneficial owner of the companies involved in the fraudulent dealings.”

Other associates of the governor named in the suit are Francis Njoroge Njenga, Samuel Mwangi Kariuki, Eunice Wairimu Mugo, James Kiarie Njoroge, Anthony Muchoki, and John Kinyanjui.

The Commission say the six acted as directors, signatories, or agents in the network of companies allegedly used to siphon public funds, forming part of the scheme through which Sh813 million was irregularly obtained from government road agencies.

EACC says that Governor Wamatangi and his co-defendants received substantial payments from the three government agencies under their oversight.

According to court documents, Quick Fix Auto GarageLtd received Sh18,796,070, while King Realtors Co. Ltd was paid Sh16,698,272.

King Group Co. Ltd allegedly received Sh29,837,411, while King Construction Co. Ltd was paid Sh438,985,045, making it the largest single recipient of the allegedly misappropriated funds.

Lub Plus Oil & Energy Co. Ltd, a company linked to Wamatangi’s family, received Sh308,788,733 from KeNHA, KURA, and KeRRA.

“These payments were irregular, unlawful and constitute proceeds of corruption,” the Commission stated in court papers.

In its court papers, the EACC accuses Governor Wamatangi of abusing his position to improperly benefit from public contracts by influencing tender awards to companies under his control, engaging in conflict of interest, and holding private stakes in government projects.

The Commission further claims he failed to uphold integrity and transparency, saying he “did not demonstrate honesty in the execution of his public duties and acted contrary to his oath of office as a member of the Senate Committee.”

The suit also accuses the wamatangi and 13 others of violating the Public Procurement and Disposal Act, 2015, through collusion, submission of multiple bids, and falsification of reference letters to secure tenders.

For example, the EACC claims that five companies submitted bids for the same KeRRA project, defeating fair competition and violating procurement laws.

In addition, the Commission argues that the contracts awarded on the basis of fraud, misrepresentations and illegality are illegal, null and void

It further contends that the government cannot be certain it received value for money, and the defendants have been unjustly enriched at the public’s expense.

In July 2025, the High Court granted an order preserving monies held in the bank accounts of the implicated companies, pending conclusion of investigations.

The accounts include Family Bank accounts held in the names of King Group, King Realtors, King Construction, Quick Fix Auto Garage, and Lub Plus Oil & Energy Co. Ltd.

Through its lawyer Murei, the EACC argues that “no one should be allowed to benefit from their own illegal and wrongful acts.”

The Commission claims that the defendants, jointly and severally, acted fraudulently, illegally and/or unlawfully, leading to the misappropriation of public funds totaling Sh813,145,532.40 hence the funds should be forfeited to the state

Justice Lucy Njuguna has directed Governor wamatagi, his wife, childrene and associates to respond to the suit within 10 days ahead of the hearing on November 18,2025

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