The High Court has temporarily frozen President William Ruto’s plan to create a multi-agency team to spearhead the war on corruption.
In a ruling delivered on the morning of Wednesday, August 20, Justice Bahati Mwamuye issued a conservatory order suspending the presidential proclamation until a full hearing is conducted.
“Pending the inter partes hearing and determination of the applicants’ notice of motion, a conservatory order is hereby issued staying the operation and implementation of the Presidential Proclamation on the Establishment of the Multi-Agency Team on War Against Graft,” Justice Mwamuye declared.
The order stems from a petition filed by Dr. Magare Gikenyi and three others, who argue that the President acted outside his powers. The petitioners contend that the Constitution does not grant the Head of State authority to form such a task force, insisting the move trespasses on the mandate of the Ethics and Anti-Corruption Commission (EACC). They described the proclamation as an attempt to exercise “imaginary hot air mirage powers” beyond what the law permits.
Following the ruling, the court directed the petitioners to serve all respondents with both hard and soft copies of the application by Thursday, August 21. Respondents and interested parties have until August 29 to file their replies.
The petitioners will be allowed to file rejoinders, if necessary, by September 5. Justice Mwamuye further ordered that at the next mention, parties will present proposals for an expedited hearing and determination within 90 days.
The case now sets the stage for a critical test on the scope of executive authority in Kenya’s anti-corruption fight, with the judiciary asked to determine whether Ruto’s proclamation was constitutional or an overreach.
