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High Court halts President’s anti-corruption taskforce pending legal review

High Court halts President’s anti-corruption taskforce pending legal review
President William Ruto assents to the Social Protection Bill 2025 at State House, Nairobi on July 30, 2025. PHOTO/PCS
In Summary

The petitioners argue that the President overstepped his mandate by creating a body whose roles are already assigned to other independent institutions

The High Court has put a temporary stop to the operations of the newly formed Presidential Multi-Agency Team on the War Against Corruption (MAT-WAC), pending the hearing of a petition that challenges its legality.

This comes just days after President William Ruto announced the establishment of the taskforce through a proclamation dated August 18, 2025.

The decision was issued by Justice Bahati Mwamuye, who granted interim orders suspending the implementation of MAT-WAC until the constitutional case is heard and determined.

The petitioners, led by Dr. Magare Gikenyi and joined by Eliud Karanja Matindi, Philemon Abuga Nyakundi, and Dishon Keroti Mogire, argue that the President overstepped his mandate by creating a body whose roles are already assigned to other independent institutions.

In their petition, the group states that the move not only breaches the Constitution but also introduces overlapping functions that could compromise institutional independence.

They specifically refer to Article 79 of the Constitution, which assigns the responsibility of fighting corruption exclusively to the Ethics and Anti-Corruption Commission (EACC).

According to the petitioners, the creation of MAT-WAC by the President amounts to a violation of that constitutional provision.

The petition reads in part that the President is exercising “imaginary hot air mirage powers” by attempting to take over roles already protected under the law.

They further accuse the executive of interfering with the independence of key institutions such as the Central Bank of Kenya, the Office of the Director of Public Prosecutions, the National Intelligence Service, and the Directorate of Criminal Investigations by involving them in the new anti-corruption team.

Another major concern raised in the petition is the financial structure of MAT-WAC. The team is expected to be funded through existing budget allocations and vague “other sources,” a setup the petitioners claim lacks transparency and may open doors to misuse of public resources.

The petitioners highlight past reports from the Auditor-General that flagged questionable procurement practices linked to the Office of the President, including the Sh104 billion SHA system and unexplained charges related to the e-Citizen platform.

These examples are cited as warning signs that MAT-WAC could be used to insulate the presidency from financial scrutiny.

They are now seeking orders to permanently block MAT-WAC from carrying out any of its stated functions.

In particular, they want the court to stop the taskforce from implementing or compiling reports and from spending any further public funds on its activities.

Justice Mwamuye has directed all respondents in the case to file their responses by August 29. The case will be mentioned on September 9 to confirm compliance and set a date for hearing.

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