High Court Blocks EACC from Summoning Justice Mong’are in Tuju‑EADB Bribery Probe, Sets May 6 Mention
News Updated: 19 March 2026 16:06 EAT
The High Court of Kenya has prohibited the Ethics and Anti‑Corruption Commission (EACC) from summoning or interrogating Justice Josephine Wayua Wambua Mong’are in connection with alleged bribery linked to the Sh1.9 billion debt dispute between former Cabinet Secretary Raphael Tuju and the East African Development Bank (EADB), pending further court directions. The matter is scheduled for mention on May 6, 2026 as the court considers procedural safeguards for judicial officers.
The issue arises from a long‑running commercial dispute over unpaid loans by Tuju’s company, originally adjudicated overseas and later recognised by Kenyan courts, leading to enforcement actions against his property after years of litigation.
In March 2026, anti‑graft investigators arrested a former judge, an advocate and other suspects in connection with allegations that a bribe of around USD 80,000 (about KSh 10.4 million) was sought to influence outcomes in the Tuju‑EADB case, provoking heightened scrutiny of the legal proceedings.
Raphael Tuju publicly accused elements linked to the judiciary of demanding bribes in the course of his dispute with EADB, escalating the controversy and prompting formal complaints to the Chief Justice and accountability bodies.
Responding to procedural challenges about investigating a serving judge, the High Court granted an order restraining the EACC from summoning Justice Mong’are — who has not been charged with an offence — until matters of jurisdiction and legal process are resolved.
The court’s interim decision reflects the principle that actions affecting a judicial officer’s duties require specific protections and adherence to established legal protocols, which the High Court will clarify at the May 6 review.
Justice Mong’are delivered key rulings in the commercial dispute, including striking out portions of Tuju’s pleadings, a decision that cleared the way for EADB’s enforcement actions, and has remained on the Milimani High Court bench throughout the case.
The High Court order does not dismiss corruption allegations; it temporarily limits EACC’s investigatory steps against the judge while preserving the integrity of judicial processes and awaiting further directives at the next mention.
The broader dispute continues through civil and criminal avenues, including debt enforcement, auction proceedings of Tuju’s assets and related graft inquiries, with accountability institutions and the judiciary under intensified public and legal scrutiny.
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FELIX MAKONA
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