(NAIROBI, KENYA) – Businessman John Ngumi has lost his bid to keep his fight against the Ethics and Anti-Corruption Commission (EACC) out of the specialised anti-corruption court, with the Constitutional and Human Rights Court ruling that the case belongs in that division.
The case concerns the EACC investigation into the KES6 billion ($46.2 million / £36.4 million) acquisition of a 60% stake in Telkom Kenya from Jamhuri Holdings in 2022. The commission has been examining whether the government irregularly bought the stake without approval from the Communications Authority of Kenya, a legal opinion from the Attorney General and without meeting the threshold for unforeseen and unavoidable expenditure under public finance rules.
Ngumi was an adviser to Jamhuri Holdings, the vehicle through which private equity firm Helios Investment Partners held its Telkom stake. He earned $3.07 million (KES397 million / £2.42 million) for the role.
The EACC completed its inquiry in August 2023 and forwarded recommendations to the Director of Public Prosecutions for charges against Ngumi and other officials and executives linked to the transaction. The recommended charges included conspiracy to commit an economic crime, 15 counts of abuse of office, conflict of interest, two counts of willful failure to comply with procurement laws, fraudulent acquisition of property, money laundering, acquisition of proceeds of crime and neglect of official duty.
Ngumi moved to court in June 2026, challenging the EACC’s continued investigation after the DPP failed to prosecute him. He argued that the continued probe is unconstitutional, unlawful, unreasonable, oppressive and procedurally unfair, contrary to Articles 47 and 50 of the Constitution.
He wanted the court to terminate the investigation and related enforcement actions. He sought a declaration that the investigations relating to his advisory role were conclusively closed when the DPP declined prosecution, and that any continuation is unlawful and unconstitutional.
Ngumi also sought a permanent injunction against further investigations, summonses or enforcement action, a closure notice, clearance certificate and damages for alleged violation of his constitutional rights.
The EACC opposed the petition’s continued hearing in the Constitutional and Human Rights Division, saying it directly concerns the commission’s statutory investigation of corruption and economic crime. The commission said the Anti-Corruption and Economic Crimes Division was established to handle such disputes and relied on practice directions requiring cases within its mandate to be transferred where hearing has not begun.
Ngumi opposed the transfer, arguing that his petition principally concerned constitutional rights and that moving it would delay a matter already admitted and given directions.
Justice David Mburu rejected the argument, finding that the petition arose directly from an EACC investigation into alleged corrupt dealings and misuse of public resources. The court said the pleadings confirm that the dispute arises from the investigation into alleged corrupt deals by the petitioner, and that the EACC states the investigation is under review by the ODPP to guide on whether to charge him.
The EACC told the court that the investigation concerns alleged misuse of public resources, including a government vehicle, and falls within the commission’s legal mandate. The judge said it would be inappropriate for the Constitutional and Human Rights Division to hear a dispute falling within the mandate of the specialised division.
The court found that the petition was fresh and squarely falls under the Anti-Corruption and Economic Crimes Division. The case will be mentioned before the anti-corruption division’s Presiding Judge on 21st September for directions.