The High Court on Wednesday, August 20 put breaks on the implementation of the newly-formed Presidential Multi-Agency Team on War Against Corruption (MAT-WAC), pending the hearing and determination of a petition challenging its legality.
Justice Bahati Mwamuye issued the temporary conservatory orders following the petition filed by Dr. Magare-Gikenyi, Eliud Karanja Matindi, Philemon Abuga Nyakundi and Dishon Keroti Mogire.
In their petition, the petitioners argue that President William Ruto’s proclamation of August 18, 2025, which led to the establishment of MAT-WAC, is unconstitutional. They also argue that the formation of a new body to fight corruption amounted to duplication of roles currently given to exisiting independent institutions.
According to the petitioners, powers to fight corruption lie with the Ethics and Anti-Corruption Commission (EACC), the Office of the Director of Public Prosecutions (ODPP) and other statutory agencies.
They also argue that the decision by President Ruto to incorporate bodies such as the Central Bank of Kenya, the ODPP, the National Intelligence Service, and the Directorate of Criminal Investigations into MAT-WAC, means he is undermining their institutional independence, and therefore amounts to political interference.
Court orders
“The conservatory order is hereby issued staying the operation and implementation of, or the further operation and/or further implementation of, the ‘Presidential Proclamation on the Establishment of Multi-Agency Team on War Against Corruption’ issued under the hand and the seal of the President of the Republic on 18th August 2025,” ruled Justice Mwamuye.
The court also directed the petitioners to serve the respondents with the application, petition and orders immediately, while the respondents were given until August 29, 2025 to file their responses.
The matter will be mentioned on 9th September 2025 virtually, to confirm compliance and set timelines for expedited hearing and determination within 90 days.
