A Nairobi court has refused to certify an application by advocate James Kimani Wachira seeking to block his prosecution over alleged bribery as urgent, giving him a big blow.
James Kimani Wachira’s legal troubles have attracted significant media attention, highlighting the challenges faced by professionals in similar situations.
The Legal Challenges Faced by James Kimani Wachira in Bribery Cases
This comes after Wachira was widely mentioned in connection to bribery claims linked to Raphael Tuju’s disputed Karen property.
Prior to the high court case, Wachira was arrested some days back alongside former judge Joseph Mutava over a Sh10.4 million bribery case linked to former Cabinet secretary Raphael Tuju; he is yet to be charged in court.
While delivering her judgement, Justice Rosslyn Aburili refused to issue orders halting the investigations and possible prosecution, noting that Wachira had already been granted cash bail by the EACC on March 10, hence paving the way for his arrest and prosecution.
In light of these events, James Kimani Wachira is working to clear his name and address the serious allegations against him.
“This court finds that there is no urgency disclosed. I decline to certify the matter as urgent and direct the applicant/petitioner (Kimani Wachira) to effect service of the petition and the notice of motion upon respondents forthwith,” Justice Aburili ruled in her judgement.
She further said that there was no basis to certify the matter as urgent, issue conservatory orders, or hear it in the first instance.
The state, at the same time, opposed Wachira’s application, arguing that the Bribery Act, particularly Section 11, collectively empowers the EACC to investigate allegations of bribery and corruption, including the offence of soliciting a bribe.
Through its advocate, the attorney general told the court that Wachira had failed to disclose any act or omission directly attributable to the AG that would amount to a violation of his constitutional rights.
The state counsel argued that the AG had been improperly and vexatiously joined in the petition.
“I want to note that under Section 13 of the EACC Act, EACC has statutory powers, including the power to summon, interrogate, arrest, search, and record statements from any person suspected of committing an offence under the said acts, and any alleged violation arising from the exercise of these powers is a matter for the EACC and DPP, not the AG,” the court heard.
The AG added that “EACC and DPP are independent constitutional offices that enjoy decisional independence and should be left to discharge their mandate as per the law without any sort of interference,” State Counsel Weche told the court.
Weche maintained that the petition against the AG is without merit, frivolous, vexatious, and an abuse of the court process and should be dismissed with costs.
“AG prays that the Court dismisses the Petition with respect to the AG for being frivolous, vexatious, and an abuse of the court process,” State Counsel Weche told the court.
Wachira filed the petition under a certificate of urgency, seeking conservatory orders to stop his imminent re-arrest and prosecution by the EACC and DPP.
He argued that the bribery allegations against him are fabricated and part of a wider scheme to entrap and maliciously prosecute him.
He claims his arrest by EACC detectives was not a genuine law enforcement operation but a pre-arranged and orchestrated trap, with Tuju named as the first respondent and alleged architect of the scheme.
He told the court he has already been subjected to an abrupt and unlawful arrest, detention, and humiliation on allegations of soliciting a bribe in circumstances that were pre-arranged, staged, and orchestrated with the sole purpose of fabricating a criminal offence and entrapping the Petitioner,” he states in court papers.
James Kimani Wachira believes that the accusations are part of a systematic effort to undermine his reputation.
Wachira further alleged that a key participant in the alleged sting operation has since sworn a statutory declaration confirming the episode was engineered through entrapment and manipulation, evidence he claims the EACC has ignored.
As the case develops, James Kimani Wachira remains determined to present his side and seek justice.
The case now paves way for possible arrests and prosecution of the advocate over corruption and bribery allegations
For James Kimani Wachira, this situation represents not only a legal battle but also a fight for his professional integrity.
