Dr. Joshua Charles Omondi has moved to the High Court seeking urgent orders compelling the Ethics and Anti-Corruption Commission (EACC) to conclude investigations into an alleged Ksh 11.3 billion embezzlement and unexplained wealth probe involving a senior Kenya Urban Roads Authority (KURA) official before his retirement later this year.
In the judicial review application filed before the Anti-Corruption and Economic Crimes Division, Dr Joshua Charles Omondi accuses the anti-graft agency of unlawfully delaying investigations linked to inquiry file No. EACC/FI/INQ/31/2025 concerning Silas Murira Kinoti.
According to the pleadings, the EACC had, in June 2025, obtained court orders authorising investigators to search several premises associated with the official, including Junction Apartments off Riara Road, Barabara Plaza near JKIA and other locations in Nairobi and Meru counties.
The search warrants were issued after investigators informed the court that they were probing allegations of unexplained wealth, conflict of interest and embezzlement amounting to Ksh 11.3 billion allegedly linked to a senior KURA official.
Court documents further indicate that investigators had alleged that between 2018 and 2025, the official under investigation allegedly received Ksh 27,718,519 in kickbacks and bribes “in the form of cash and/or other assets”.
The petitioner now claims that despite the execution of the warrants, the EACC has failed to conclude investigations or file inventories before court as earlier directed by the magistrate’s court.
“The 1st Respondent has effectively ‘buried’ the file. No inventory has been filed in Court as ordered, and the judicial portal remains static since 16th June 2025,” the application states.
Omondi argues that the delay amounts to an unconstitutional abdication of duty by the anti-graft commission.
“The 11-month silence in a matter involving Ksh. 11.3 Billion is not an exercise of discretion; it is a jurisdictional abdication of duty,” the petition states.
The application further claims there is a risk the investigations may become futile if the official exits public office before the probe is completed.
“There is a grave risk that the 2nd Respondent will exit office, receive his retirement benefits, and possibly leave the jurisdiction before the 1st Respondent ‘wakes up’ from its administrative slumber,” the petitioner argues.
As part of the case, the petitioner is seeking orders compelling the EACC to finalize investigations and forward the matter to the Director of Public Prosecutions.
He is also seeking orders barring the official from drawing further salary, allowances or retirement benefits from KURA until investigations are concluded.
In his supporting affidavit, Omondi alleges that the continued silence by investigators amounts to what he describes as a “silent acquittal.”
“Unless this Court intervenes, the public will lose billions and the 2nd Respondent will escape justice via the ‘lapse of time’ strategy,” he states.
The petition also references findings from the Auditor-General’s report on KURA, which highlighted several financial concerns, including an unexplained variance of Ksh 2.75 billion in the Road Maintenance Levy Fund.
The matter is yet to be heard before the High Court.
