Court stops Ksh.166 million payment for Kiambu ERP system

In interim orders issued on October 31, 2025, the court certified as urgent an application by the Ethics and Anti-Corruption Commission (EACC) seeking to restrain payment of the funds, which represent the remaining portion of a Ksh. 230 million contract.

The injunction will remain in force for 14 days, pending further hearing of the case on November 13, 2025.

The EACC, in a suit filed before the High Court in Nairobi, has accused six individuals among them top county officials and Filtronic International Limited of fraud, forgery, and conspiracy to illegally acquire public funds through the questionable award and extension of the ERP tender.

Those named as defendants include Bernard Theuri, Chen Ligou, and Martha Wachinga (all directors of Filtronic International Limited), Phyllis Muiruri (the acting head of supply chain management at the county), and Zachary Gitau (the county’s chief officer for revenue, supply chain management, ICT, and internal audit).

According to the EACC, the company fraudulently submitted forged audited financial statements, edited bank records, and fake curriculum vitae of non-existent employees to meet the mandatory technical and financial requirements for the tender.

The anti-graft agency further alleges that despite the contract lapsing in November 2023, county officials irregularly approved and signed a one-year extension in February 2024, even though there was “no contract capable of being extended.”

Investigations show the company has already received Ksh. 63,704,500 in multiple payments between July 2023 and June 2025. The EACC is now seeking to have the amount refunded to the county, terming it unjust enrichment and proceeds of corruption.

The Commission also wants the court to declare the tender award, the contract, and its subsequent extension null and void, and to permanently restrain the county from making any further payments to the company.

The case will be heard inter partes on November 13, 2025.