Judge obtains orders to stop EACC from arresting her

High Court Judge Josephine Wayua Wambua Mong’are obtained conservatory orders barring the Ethics and Anti-Corruption Commission (EACC) from taking any investigative action against her pending the hearing of a petition challenging the agency’s move.

Justice Mong’are, a judge in the Commercial and Tax Division at Milimani, moved to court under certificate of urgency after the EACC summoned her to appear at the Integrity Centre on Thursday for what it described as an interview and statement recording in connection with alleged corruption and abuse of office.

In court documents, the judge argued that the summons were unconstitutional, procedurally improper and calculated to embarrass and intimidate her.

The EACC letter, dated March 17, 2026, was addressed to Deputy Registrar Peter Mulwa and asked him to facilitate Justice Mong’are’s appearance before the commission on March 19 at 10am.

The commission said it was investigating allegations of corrupt conduct and abuse of office at the Milimani High Court Commercial and Tax Division.

Through her lawyers, Justice Mong’are faulted the manner in which the summons were issued, saying they were sent through a judicial officer subordinate to her instead of being addressed directly to her.

She told the court that the move was derogatory, discriminatory and in violation of her constitutional rights to dignity and equal protection of the law.

She also argued that the Commercial and Tax Division has a presiding judge and several other judges, yet she had been singled out.

Justice Mong’are argued that complaints arising from discharge of judicial duties fall exclusively within the mandate of the Judicial Service Commission (JSC) under the Constitution and the Judicial Service Act.

She said she has not received any complaint from the JSC or any communication indicating that disciplinary or investigative proceedings had been commenced against her through the constitutionally established process.

The matter was placed before Justice Bahati Mwamuye, who issued conservatory orders restraining the EACC, the Inspector General of Police and the Attorney General from investigating, summoning, questioning, arresting, detaining or requiring the judge to record a statement pending inter partes hearing of the case.

The orders also bar the respondents from searching, seizing or receiving any property, devices, documents, records or other material linked to the judge in relation to the dispute.

The court further restrained them from taking any adverse action or issuing adverse information against her.

Justice Mwamuye directed the petitioner to serve the respondents immediately.

The EACC, the Inspector General and the Attorney General are to file their responses by April 10, while the petitioner may file a rejoinder by April 24.

The case will be mentioned on May 6, for further directions.

Former Cabinet Secretary Raphael Tuju, had written to Chief Justice Martha Koome alleging that individuals had demanded a Sh10 million bribe purportedly to influence a matter before Justice Mong’are.

He said agents allegedly linked to the judge repeatedly demanded money, which he refused to pay, opting instead to cooperate with investigators from the Ethics and Anti-Corruption Commission (EACC).

The judge is yet to respond to the claims.

EACC had arrested a former judge and two others in the drama.