“Given the circumstances of this case and the potential impact on the applicant’s right to liberty under Article 29 of the Constitution, I find it necessary, at this ex parte stage, to grant anticipatory bail to the applicant in the following terms: that the applicant is admitted to anticipatory bail in the sum of Ksh. 200,000, to be deposited in court”-Judge D. Kavedza on September 27th, 2023
The former Chief Executive Officer of Athi Water Works Development Agency, Eng. Michael Mwangi has obtained an anticipatory bail against his arrest from the High Court in Nairobi. Eng. Mwangi sought conservatory restraining orders from the Ethics and Anti-Corruption Commission, the Director of Public Prosecutions, the Director of Criminal Investigations, and the Inspector General of Police from summoning, arresting, holding, detaining, incarcerating, and/or in any other way interfering with his liberty and/or in any other way without following the due process of the law.
The former CEO claims that he fears that he could be arrested and detained unlawfully by the mentioned investigative agencies. Investigations reveal that the EACC has commenced investigations into the award of tenders for the construction of the Karimenu II dam water supply project IFCP NO. KDBWA/IFP/04/2013, awarded on May 9, 2014; Ruiru II dam water supply project tender No. AWSB/REOI/03/2012-2013, awarded on May 30, 2017; and Kitui Matuu Towns Last Mile Connectivity of Water and Sanitation in Tanathi Water Works Development Agency Area Contract No. AWSB/AFD/KTSWSSP/W/10/2018, awarded on September 18, 2019.
Eng. Mwangi claimed that the EACC, vide a letter dated May 24, 2023, seeking information from the Athi Water Works Development Agency about the ongoing investigations. Additionally, on diverse dates between May 25 and June 7, 2023, the Athi Water Works Development Agency responded to the EACC request by forwarding all the necessary documentation to aid with the investigations.
While seeking anticipatory bail, Eng. Mwangi claimed that on September 17, 2023, his attention was drawn to a news item broadcast by Citizen TV calling for his suspension from the agency and subsequent arrest on allegations of corruption in the award of the above-mentioned tenders.
He, however, stated that the subject tenders, in particular the Karimenu II DAM water supply project and the Ruiru II DAM water supply project were awarded on May 9, 2014, and May 30, 2017, respectively, which was way before his appointment as CEO of the agency.
In his application, Eng. Mwangi contended that subjecting him to investigations and threats of possible arrest for acts allegedly committed before his appointment as CEO of Athi Agency violates his rights under Articles 27 and 28 of the Constitution. He is therefore apprehensive that the investigations are founded on an ill motive to hound him out of office.
The ruling by Judge D. Kavedza on September 27th, 2023 reads in part “Given the circumstances of this case and the potential impact on the applicant’s right to liberty under Article 29 of the Constitution, I find it necessary, at this ex parte stage, to grant anticipatory bail to the applicant in the following terms: that the applicant is admitted to anticipatory bail in the sum of Ksh. 200,000, to be deposited in court”.
