EACC Wins Landmark Graft Case

NAIROBI, KENYA – The High Court has ordered former Wajir Governor Mohamud Abukate and several county officials to jointly repay KSh 26.1 million to the state. The ruling, delivered on Monday, November 10, 2025 (EAT), concludes a protracted legal battle initiated by the Ethics and Anti-Corruption Commission (EACC) over funds lost in a fraudulent procurement scheme.

The case centred on the irregular purchase of two luxury vehicles during Abukate's tenure. The EACC successfully argued that the procurement process was a sham, designed to unlawfully siphon public funds. Investigations revealed that the money was paid to a company named Daayo Construction and General Supplies Ltd., which the EACC demonstrated was linked to associates of the then-governor. The court found that the officials failed to follow public procurement laws, leading to the misappropriation of county funds.

Details of the Judgment

In her judgment, High Court Judge Justice Esther Maina affirmed that the defendants were jointly and severally liable for the loss of public money. The ruling underscores a firm stance against corruption and the abuse of office by public officials. This decision is part of a broader trend where the judiciary is increasingly holding high-ranking officials accountable for financial misconduct. Justice Maina has presided over several high-profile corruption and asset recovery cases, including a notable 2022 case involving Deputy President Rigathi Gachagua where she ordered the forfeiture of funds deemed to be proceeds of crime.

The Wajir case involved several county officials who were charged alongside the former governor. Among them were the then-County Secretary Ahmed Sahal and other officials, Daud Abdullahi and Jeff Kithinji, who were accused of conspiring to defraud the county. During the trial, the incumbent governor, Mohamed Abdi Mohamud, testified that he had not authorized the withdrawal of the funds in question.

Implications for County Governance and Anti-Corruption Efforts

This ruling is a significant milestone for the EACC in its ongoing fight against graft, particularly within devolved government units. Corruption at the county level has been a persistent challenge in Kenya, diverting crucial resources from public services and development projects. The EACC has confirmed it is actively investigating numerous sitting and former governors for allegations ranging from embezzlement to unexplained wealth.

The commission's focus on asset recovery has gained momentum, with billions of shillings in stolen public funds being pursued through the courts. Recent successes include a March 2024 ruling where former Samburu Governor Moses Lenolkulal was ordered to surrender assets worth over KSh 80 million acquired through illegal contracts. These cases set a powerful precedent, signaling that officials implicated in corruption will not only face criminal charges but will also be compelled to return stolen assets.

However, the EACC's efforts are not without challenges. The legal process can be lengthy and complex, and some high-profile cases have seen acquittals or reversals, such as the October 2025 unfreezing of former Nairobi Governor Mike Sonko's bank accounts. Despite these hurdles, the consistent pursuit of these cases by the EACC and the firm rulings from judges like Justice Maina are critical components of Kenya's strategy to enhance public sector accountability and integrity.

The successful recovery of the KSh 26.1 million from the Wajir officials will serve as both a deterrent and a clear message that impunity for economic crimes is diminishing. The funds, once recovered, are expected to be returned to the Wajir County treasury for public use.