By Reporter
The Nairobi Milimani High Court has granted Justice Josephine Wayua Wambua Mongare a conservatory order against the Ethics and Anti-Corruption Commission (EACC).
Justice Bahati Mwamuye issued the conservatory orders pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion application dated March 18, 2026.
The court ordered that the EACC, whether directly or through its officers, agents, or affiliated bodies, be restrained from investigating, summoning, questioning, arresting, detaining, or requiring statement recording from Justice Mongare.
The orders further bar the commission from searching, seizing, or accessing any property, documents, records, devices, or information related to the judge in connection with matters arising from the discharge of her judicial duties.
The ruling was issued on March 19, 2026, during a session held in chambers before Justice Mwamuye, following a preliminary consideration of the application.
The court also restrained the EACC from taking any adverse action against the petitioner or issuing or disclosing any potentially adverse information concerning her pending the hearing and determination of the case.
Justice Mwamuye directed that Justice Mongare serve the EACC with the application, petition, and court order both in hard copy and soft copy immediately, and file an affidavit of service by close of business on March 23, 2026.
The EACC has been directed to enter appearance and file its responses to both the application and the petition by April 10, 2026.
The petitioner was granted leave to file a rejoinder, if necessary, by April 24, 2026.
“Mention on May 6, 2026, in open court to confirm compliance and take further directions. The public and persons unrelated to the matter shall be excluded from attending the mention and any subsequent appearances unless the court directs otherwise,” ruled Justice Mwamuye.
Related bribery investigations
The development comes amid ongoing investigations involving former High Court Judge Joseph Mutava and three other suspects.
The four were arrested and later released on a cash bail of Sh200,000 each pending investigations into alleged bribery claims.
They spent a night in custody at the EACC Integrity Centre Police Station in Nairobi before their release.
EACC officials confirmed that Mutava, alongside advocate Kimani Wachira and two others, is under investigation over allegations of soliciting a bribe of USD 80,000 (approximately Sh10.4 million).
The money was allegedly intended to influence the outcome of a commercial dispute currently before the High Court involving a former Cabinet minister.
The commission stated that investigations are ongoing and that the suspects may be arraigned once the process is complete.
EACC reiterated its commitment to combating corruption and safeguarding the integrity of the judiciary, warning that those found culpable will face the full force of the law.
Mutava was removed from office in 2016 after findings of gross misconduct and corruption, which were later upheld by the Supreme Court.
