A judicial review judge has declined to bar the anti-corruption agency from demanding more than Sh100 million from a top officer at Nairobi City County government accused of graft.
Richard Mogoko, a senior supply chain management officer at City Hall, wanted the court to issue prohibition orders against the Ethics and Anti-Corruption Commission (EACC) following investigations related to graft.
In the application filed at the Judicial Review Division of the High Court, Mr Mogoko wanted the EACC barred from instituting legal proceedings against him, demanding the sum of Sh101,229,051 from him.
He rushed to court after the anti-corruption agency issued him with a demand dated March 10, 2025. He was afraid the EACC might commence forfeiture and recovery proceedings against him.
The money involves illegal payments authorised by the officer on behalf of the Nairobi City County government to unqualified suppliers for goods and services not delivered.
Mr Mogoko specifically wanted the EACC barred from instituting the intended legal proceedings and for the court to quash the investigations into the said alleged loss.
But Justice Roselyne Aburili struck out the application and said the matter should be handled by the Anti-corruption and Economic Crimes Division of the High Court, not the Judicial Review Division.
“The court that has jurisdiction to hear and determine such claims, including any claim that may be lodged by EACC for forfeiture or preservation of assets for purposes of recovery, is the Anti-corruption and Economic Crimes Court of the High Court. In the premises, I decline to consider the merits of the application and it is struck out with no orders as to costs,” said the judge.
She directed Mr Mogoko to file his case before the right court to hear his grievances. The judge also declined to certify the application urgent. The development comes almost a year after EACC said it was investigating senior officers at City Hall over graft.
The development comes almost a year after EACC said it was investigating senior officers at City Hall over allegations of pocketing millions of shillings through unscrupulous deals.
Two officials were also arrested for diversion of county revenues.
