The Ethics and Anti-Corruption Commission (EACC) can now proceed with the arrest and prosecution of National Government Affirmative Action Fund (NGAAF) Chief Executive Officer Roy Sasaka Telewa after the Constitutional and Human Rights Court dismissed his petition challenging ongoing corruption investigations.
In a ruling delivered on February 5, 2026, Justice Bahati Mwamuye struck out Telewa’s petition, describing it as an abuse of the court process arising from forum shopping. The decision effectively lifted interim orders that had barred the EACC from arresting, detaining, charging or prosecuting him.
Telewa had moved to court on January 13, 2026, accusing the EACC of violating his constitutional rights in the course of investigations. He claimed the probe was being conducted in bad faith, was oppressive and malicious, and was intended to force him out of office through the criminal justice system.
The petition stemmed from EACC investigations into allegations of corruption, procurement irregularities and unexplained wealth spanning January 2021 to January 2026. During that period, Telewa served in several senior public roles, including CEO of NGAAF, former CEO of the National Youth Council (NYC), Head of Procurement at the Kenya Deposit Insurance Corporation (KDIC), and Deputy Head of Procurement at the Competition Authority of Kenya (CAK).
On January 14, 2026, the court issued interim orders restraining the EACC from arresting or prosecuting Telewa pending further directions, while allowing investigations to continue.
In its response, the EACC opposed the petition, denying any violation of Telewa’s rights and insisting it was lawfully exercising its constitutional and statutory mandate. The Commission argued that Telewa, as a public officer, was properly subject to investigations over alleged corruption and economic crimes.
The EACC further filed an application on January 23, 2026, seeking to strike out the petition on the grounds that it duplicated an earlier case Telewa had filed before the Anti-Corruption and Economic Crimes (ACEC) Division. In ACEC Petition No. E001 of 2026—Roy Sasaka Telewa v EACC & Others—the court had dismissed his application for conservatory orders on January 13, 2026.
Following that ruling, Telewa filed the present petition at the Constitutional and Human Rights Division on the same day and obtained interim orders similar to those denied by the ACEC court. He later withdrew the ACEC petition after securing the favourable orders.
In dismissing the case, Justice Mwamuye faulted Telewa for failing to disclose the existence of the earlier ACEC proceedings, noting that the two petitions were “almost word for word” identical. The court held that the non-disclosure and parallel filings amounted to forum shopping and a clear abuse of the judicial process.
The judge consequently dismissed the petition and declared all interim orders extinguished, clearing the way for the EACC to proceed with arrests and prosecutions as it deems fit.
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