Blow to Ruto as court temporarily halts operations of corruption Multi-Agency Team
A Nairobi High Court has temporarily blocked the implementation of the Presidential Proclamation on the establishment of a multi-agency team on the war against corruption until a petition filed against it is heard and determined.
The conservatory order issued by Justice Bahati Mwamuye on Wednesday, August 20, 2025, blocks any further operations of the agency, which was established under the hand and the seal of the President of the Republic on August 18, 2025.
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“Pending the inter partes hearing and determination of the petitioner’s notice of motion dated August 20, 2025, a conservatory order be and is hereby issued staying the operation and implementation of or the further operation of the ‘Presidential Proclamation on the establishment of a Multi-Agency Team on the war against corruption’,” Justice Mwamuye ordered.
Petition
Doctor Magare Gikenyi, human rights activist Eliud Matindi, and two others filed a petition at the Milimani Constitutional and Human Rights Division, seeking a court declaration that President William Ruto’s act to establish the agency is unconstitutional and should be declared null and void.
According to the petitioners, the President could not legally and constitutionally establish a Presidential Multi-Agency Team on War Against Corruption through executive proclamation order dated August 18, 2025 (MAT-WAC team) or any other document to look into anti-corruption issues in the manner, composition, and objectives as set out in the executive proclamation order.
“That declaration be issued that the Presidential Multi-Agency Team on War Against Corruption, through executive proclamation order dated August 18, 2025 (termed as the MAT-WAC team), through executive order is unconstitutional, null and void,” part of the petition read.
“That a declaration be issued that the establishment of the Presidential Multi-Agency Team on War Against Corruption through executive proclamation order dated August 18, 2025, and any other document contravened, inter alia, 1, 2(1, 2 & 4), 3(1), 10, 79, 73, 74, 75[1], 129, 131, 132, 159, 159, 159,201, 248, 249, 250, and 254(2 & 3) of the Constitution of Kenya (2010) and the EACC Act by usurping the powers of the EACC commission and other independent offices/commissions, and as a result that the ‘MAT TEAM’ and its resultant report/recommendations/work/objectives (if any) and any subsequent actions/omissions related to it are unconstitutional, null and void,” the petitioners state.
They further urged the court to quash the executive order and declare that any report or recommendations or any activities borne out of the executive proclamation order are unconstitutional, null and void.
The petitioners argue that the functions of the president, as provided in Article 132(4) prima facie provide that the president does not have powers to establish any anti-corruption agency whatsoever.
Notably, they state that the said article states the President may—(a) perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in this Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission.
“The so-called powers are just ‘imaginary hot air mirage powers’ which do not exist in our progressive constitution,” the petitioners state.
The matter will be mentioned on September 9, 2025, at 9:30 am virtually to confirm compliance and take directions on the expeditated hearing and determination of the petition.
