NAIROBI, Kenya, June 11 – Businessman and former power sector executive John Ngumi has moved to the High Court seeking orders to stop the Ethics and Anti-Corruption Commission (EACC) from pursuing investigations linked to the sale of Telkom Kenya, arguing that the continued probe violates his constitutional rights.
In a petition filed before the High Court’s Human Rights Division, Ngumi contends that EACC has maintained an indefinite investigative process against him despite the Director of Public Prosecutions (DPP) previously declining to institute criminal charges over his role as an adviser in the transaction.
The case relates to professional services Ngumi provided to Jamhuri Holdings Limited under an advisory agreement signed on April 1, 2022, in connection with the Telkom Kenya transaction.
Ngumi argues that the anti-graft agency’s continued investigations amount to unfair administrative action and infringe on his constitutional rights, including the right to a fair hearing, dignity and privacy.
According to court documents, he is seeking declarations that the investigations are unconstitutional, unlawful and procedurally unfair.
“The continued maintenance, perpetuation and preservation of an open-ended, indefinite and unconcluded investigative process against the petitioner is unconstitutional, unlawful, unreasonable, oppressive and procedurally unfair,” the court filings state.
He further argues that the matter was effectively concluded when the DPP declined to prosecute and that any attempt to revive or continue investigations is unlawful.
“The investigations relating to the petitioner were conclusively closed upon the decision of the Director of Public Prosecutions declining prosecution, and any purported continuation thereof is unlawful and unconstitutional,” the petition states.
The businessman is seeking orders compelling EACC to terminate all investigations, inquiries, watchlists, alerts and enforcement actions associated with the Telkom Kenya transaction.
He is also asking the court to issue a permanent injunction barring the commission from reopening the matter or undertaking any future investigations, summons, surveillance activities or enforcement measures related to the deal.
In addition, Ngumi is seeking general, aggravated and exemplary damages, claiming that the prolonged investigations have caused reputational damage, emotional distress and infringement of his constitutional rights.
The case is expected to renew attention on the Telkom Kenya transaction, which has previously attracted scrutiny from investigative agencies due to its significance in Kenya’s telecommunications sector and questions surrounding aspects of the deal.
The High Court is yet to issue directions on the matter.
