NAIROBI, Kenya, Dec 24 – The High Court has ordered the Ethics and Anti-Corruption Commission (EACC) to release all National Youth Service (NYS) vouchers to the Pending Bills Committee, following the conclusion of investigations into the matter.
The ruling, delivered by Justice Alexander Muteti at Milimani Law Courts, marks a significant turn in the long-standing dispute between the anti-graft agency and private contractors seeking payment for services rendered to the state.
The matter was brought to court under a Certificate of Urgency by contractors involved in the verification process.
The applicants argued that the Pending Bills Verification Committee, mandated by the National Treasury to authenticate these claims, is set to dissolve on December 31, 2025, and that the EACC’s continued retention of the original vouchers would prevent timely verification, potentially costing them billions in unpaid bills.
“The court is being urged to grant an interim relief aimed at ensuring that the pending bills committee has an opportunity to consider the Defendants claim before winding up their operations…,”the court documents read.
During the hearing, counsel for the applicants, Kirimi, accused the EACC of acting in bad faith. He pointed out that a Multi-Agency Team which included representatives from the EACC itself, had already cleared Sh5.37 billion for payment, leaving only Sh812.1 million for further investigation.
The applicants argued that the EACC’s subsequent civil suit was an attempt to frustrate their right to property, especially after the Director of Public Prosecutions had declined to initiate criminal proceedings.
The EACC, through an affidavit by Ms. Catherine Ngari, opposed the release of the documents, claiming that the vouchers were fraudulent and that releasing them would render their recovery suit nugatory.
The Commission maintained it had the statutory right to hold the documents as evidence of economic crimes despite the DPP’s decision not to prosecute.
In his ruling, Justice Muteti emphasized that the scales of justice must be balanced. He described the EACC’s refusal to release the documents as flawed,noting that there was no guarantee the government would extend the life of the verification committee.
The Judge issued a structural interdict, a temporary measure to ensure that administrative processes could proceed without compromising the ongoing court case.
The court ordered the EACC to release all vouchers and payment documents to the NYS Accounting Officer by the close of business on December 24, 2025.
“For the avoidance of doubt, this court has not sanctioned any payment of the pending Bills pending the hearing and determination of this suit. The vouchers and payment documents held by the respondent shall be released to the Accounting officer NYS not later than the close of business today,”the court document read.
The documents are to be used solely by the Pending Bills Verification Committee for consideration and recommendation.
Once the verification process is complete, the NYS must return the original documents to the EACC by January 14, 2026, ensuring the Commission can continue with its civil suit.
“The nature of the injunction would be to provide temporary relief whilst conserving the matter for full hearing in respect of all other prayers…There are indeed triable issues in the whole matter and the scales of justice must be evenly balanced,”the court documents read.
Justice Muteti further emphasized that the order does not authorize any payments to contractors at this stage, and the NYS is prohibited from disbursing funds until the main suit regarding the alleged fraud is fully determined.
Justice Muteti noted that the verification exercise could help identify which bills are genuinely fraudulent.
“The committee does not pay; thus, there is no risk of government losing any money,” the court documents read.
