Court extends orders halting operations of Ruto’s corruption multi-agency team
By Zipporah Ngwatu, September 19, 2025A Nairobi High Court has extended temporary orders blocking the implementation of President William Ruto’s proclamation establishing a multi-agency team to combat corruption until a petition filed against it is heard and determined.
Justice Chacha Mwita has extended the conservatory orders issued by Justice Bahati Mwamuye on August 20, 2025, to December 9, 2025, on Friday, September 19, 2025.
The orders issued by Justice Mwamuye also block any further operations of the agency, which was established under the hand and seal of the President of the Republic of Kenya on August 18, 2025.
“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,” the order read.
During the Friday proceedings, it emerged that there were two petitions (E530 and E532) filed against the multi-agency team. The two petitioners agreed on having a consolidated petition with the E530 filed by Doctor Magare Gikenyi, human rights activist Eliud Matindi, and two others being designated as the lead file.
Interested parties to file within 7 days
Further, Justice Mwita has directed the respondents (presidential agency team, attorney general (AG), directorate of public prosecution (DPP), ethics and anti-corruption commission (EACC), central bank, national intelligence service (NIS), directorate of criminal investigations (DCI) and others) and the interested parties who have not filed responses or written submissions to do so within seven days.
“Highlighting of submissions will be on December 9, 2025, and conservatory orders issued in both petitions E530 and E532 shall remain in force until the determination of the consolidated petitions,” Justice Mwita directed.
Doctor Gikenyi, human rights activist Matindi, and two others filed a petition at the Milimani Constitutional and Human Rights Division that sought a court declaration that President 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 an 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.
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 argued 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 the Constitution, it 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 petitioner states.