Former Kenya Rural Roads Authority (Kerra) Director-General Philemon Kandie has suffered a setback after the anti-corruption court dismissed his attempt to force investigators to return the documents seized during a graft probe, including land title deeds.
The Milimani Anti-Corruption Court struck out Mr Kandie’s application seeking the release of original title deeds and motor vehicle logbooks taken by the Ethics and Anti-Corruption Commission (EACC) during a search at his home in Lang’ata, Nairobi, last year.
The magistrate ruled that the court lacked jurisdiction to determine Mr Kandie’s constitutional complaint and advised him to pursue the matter before the High Court.
“... this court is consequently without jurisdiction to determine the said question,” the magistrate said.
Mr Kandie had asked the court to compel EACC to return the original documents seized on October 3, 2025, arguing that their continued detention violated his property right.
The search was pursuant to warrants issued on October 2, 2025, by the Milimani Anti-Corruption Court, authorising the EACC to search Mr Kandie’s residence and premises as part of its investigations.
The warrants authorised EACC investigator Margaret Wambeti to search Kandie’s residence, offices and business premises, including his home at Phenom Park Estate in Lang’ata, Nairobi, and to seize documents, electronic devices and other materials relevant to the investigation.
The property documents were seized as part of investigation into an alleged conflict of interest and possible unlawful enrichment during his tenure in the roads sector.
Investigators suspected that a firm linked to Mr Kandie traded with Kerra and the Kenya National Highways Authority while he held senior positions in those agencies, potentially breaching anti-corruption laws.
According to court filings, the firm allegedly received Sh163.7 million in payments from the road agencies between the 2015/2016 and 2024/2025 financial years.
EACC seized land titles, vehicle logbooks, and other documents believed to help trace assets and determine whether the property was linked to proceeds of corruption. It was claimed that the Respondent was complicit in the award of tenders to the said company associated with him.
However, he said investigators could keep copies of the documents while returning the originals.
But the magistrate declined to consider the request after finding that Kandie had framed the dispute as a constitutional violation under Article 40 of the Constitution, which subordinate courts cannot determine.
“As clear as day from night, the respondent desires this court to dtermine a constitutional question,” the court said, noting that such disputes fall within the jurisdiction of the High Court.
The magistrate therefore struck out the application and closed the file, stating that Kandie remained free to seek relief in the appropriate forum.
“On the basis of the foregoing principal reason, the challenge raised by the respondent is accordingly struck out,” ruled the magistrate. He emphasized that while the court supervises search warrants issued under criminal procedure laws, broader constitutional disputes must be handled by higher courts.
The court had earlier granted the parties 14 days to pursue alternative dispute resolution, but the negotiations failed to yield an agreement, prompting the magistrate to direct Kandie to file a formal application challenging the seizure of his documents.
Kandie served as director-general of KeRRA from April 2022 after being appointed to a five-year term that was expected to run until 2027.
He resigned from the position on July 11, 2025, about two years before the expiry of his contract, with the authority appointing engineer Jackson Magondu as director-general.
Before his appointment at KeRRA, Kandie had also worked within the roads sector, including serving as a regional manager at the Kenya National Highways Authority.
