High Court halts Presidential Anti-Graft Team as petitioners challenge its legality

Justice Bahati Mwamuye issued the temporary orders following a case filed by Dr. Magare Gikenyi, together with Eliud Karanja Matindi, Philemon Abuga Nyakundi, and Dishon Keroti Mogire.

The respondents have been directed to file their responses by August 29, ahead of a mention set for September 9 to confirm compliance.

The petitioners argue that President William Ruto’s proclamation of August 18, 2025, which established MAT-WAC, is unconstitutional and amounts to duplication of roles already vested in existing independent institutions. They contend that the President lacks authority to create an anti-corruption agency, a function expressly reserved for the Ethics and Anti-Corruption Commission (EACC) under Article 79 of the Constitution.

In their filing, the petitioners accuse the President of exercising “imaginary hot air mirage powers” by attempting to reassign functions protected under the Constitution. They further claim that incorporating bodies 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 into MAT-WAC undermines their institutional independence and exposes them to political interference.

The petition also questions the taskforce’s financial framework, noting that it will be funded through existing budgetary allocations and unspecified “other sources.” The petitioners say this arrangement is opaque and could facilitate misuse of public resources.

Citing Auditor-General reports that flagged questionable procurements linked to the Office of the President—including the Sh104 billion SHA system and e-Citizen platform fees—the petitioners allege that the new body could be used to shield the presidency from scrutiny.

They are now seeking conservatory orders to permanently halt MAT-WAC’s operations, bar it from compiling or implementing reports, and prevent further expenditure of public funds on the initiative.