Court temporarily bars EACC from arresting judge pending application hearing
By Zipporah Ngwatu, March 19, 2026A Nairobi High Court has temporarily barred the arrest, detention, investigation, summoning and questioning of Judge Josephine Wayua Wambua Mong’are over allegations of corrupt conduct and abuse of office at the Milimani High Court’s Commercial and Tax Divisions.
Justice Bahati Mwamuye, on Friday, March 19, 2026, issued conservatory orders blocking the Ethics and Anti-Corruption Commission (EACC), the Inspector General of Police (IG) and the Attorney General (AG) from summoning the judge until an application she has filed is heard and determined.
Judge Mwamuye also issued an order blocking searches of her property and the seizure of any of her property, devices, documents, records, premises, information or material related to her, arising from the ostensible discharge of her duties and conduct, actions, omissions or decisions howsoever otherwise.
“Pending the inter partes hearing and determination of the notice of motion dated March 18, 2026, a conservatory order be and is hereby issued restraining the respondents jointly and severally, whether directly or through their officers, employees, agents, related entities, multi-agency partners or any person acting under their authority, from investigating, summoning, questioning, arresting, detaining or requiring statement recording,” Judge Mwamuye ordered.
“Pending the inter partes hearing and determination of the notice of motion dated March 18, 2026, a conservatory order be and is hereby issued restraining the respondents jointly and severally, whether directly or through their officers, employees, agents, related entities, multi-agency partners or any person acting under their authority, from taking any adverse action against the applicant or issuing or permitting the issuance of any adverse information against the applicant,” the court ordered.
According to court papers, the judge says she received a letter dated March 17, 2026, from the EACC, addressed to the office of the Deputy Registrar of the High Court of Kenya, Commercial and Tax Division, calling on the deputy registrar to facilitate her appearance before the EACC on Friday, March 19, 2026, at 10:00 am for an interview and statement recording at Integrity Centre.
In her application, Judge Mong’are argues that the EACC intended to embarrass and intimidate her by issuing the summons through a deputy registrar who is her subordinate, while fully aware of the hierarchy and mode of communication within the Judiciary.
Further, she avers that the purported investigations in the Commercial and Tax Division singled her out despite the fact that the division has a presiding judge and seven other judges.
“Article 47 of the Constitution demands fair administrative action that is reasonable and procedurally fair. The summons does not provide any reasons for the alleged investigations on corruption and abuse of power upon which the 1st respondent (EACC) is investigating,” part of the application reads.
She also argues that she has not received any complaint lodged against her before the Judicial Service Commission (JSC) in respect of her conduct in any proceedings to be the subject of parallel investigations.
The matter will be mentioned on May 6, 2026, in physical court for further directions.