Lawyer seeks injunction against re-arrest and prosecution
By Zipporah Ngwatu, March 31, 2026Lawyer Joseph Kimani Wachira, who was arrested on allegations of soliciting a Ksh10.4 million bribe in a case linked with former Cabinet Secretary Raphael Tuju, is seeking orders blocking his re-arrest and prosecution.
According to a petition filed at the Milimani High Court Constitutional and Human Rights Division, Wachira argues that the bribery allegations against him are fabricated and part of a scheme to maliciously prosecute him.
Further, he avers that the operation by the Ethics and Anti-Corruption Commission (EACC) detectives was not genuine, stating that it was pre-arranged and orchestrated with the sole purpose of fabricating a criminal offence against him.
“The petitioner (Wachira) has already been subjected to an abrupt and unlawful arrest, detention and humiliation on allegations of soliciting a bribe in circumstances that were pre-arranged, staged and orchestrated with the sole purpose of fabricating a criminal offence and entrapping the petitioner,” part of the petition reads.
“The petitioner (Wachira) has already been subjected to an abrupt and unlawful arrest, detention and humiliation on allegations of soliciting a bribe in circumstances that were pre-arranged, staged and orchestrated with the sole purpose of fabricating a criminal offence and entrapping the petitioner,” part of the application reads.
In the petition, Wachira has listed Raphael Tuju as the first respondent, the Ethics and Anti-Corruption Commission (EACC) as the second respondent, the Office of the Director of Public Prosecutions (DPP) as the third respondent and the Attorney General as the fourth respondent.
The High Court advocate, through a notice of motion dated March 30, 2026, seeks conservatory orders against the respondents to be certified urgent and admitted to hearing during the current vacation of court.
“That this honourable court be pleased to direct that the said notice of motion be heard ex parte in the first instance during the vacation period and appropriate interim conservatory orders be considered,” part of the notice of motion reads.
In his supporting affidavit, Wachira says he was detained overnight, subjected to humiliation and later released on bail, resulting in loss of liberty, reputational harm and professional prejudice.
Notably, the advocate argues that unless the court intervenes, authorities may proceed with what he terms an unlawful prosecution likely to cause irreversible damage to his legal career.
“Unless this Honourable Court intervenes urgently, the petitioner (Wachira) is exposed to imminent unlawful prosecution, continued harassment, intimidation and coercion and irreparable damage to his professional reputation,” the petition states.