EACC receives greenlight to arrest NGAAF CEO Roy Sasaka

In a ruling delivered on February 5, 2026, Justice Bahati Mwamuye struck out the case, describing it as an abuse of the court process arising from forum shopping.

The decision effectively removes interim protection that had temporarily shielded Telewa from arrest, detention, charging or prosecution.

Telewa had filed the constitutional petition on January 13, 2026, claiming the anti-graft agency had infringed on his fundamental rights during its probe.

He argued that the investigations were being carried out in bad faith, were oppressive and malicious, and were intended to push him out of office through the criminal justice system.

The matter stems from EACC inquiries into alleged corruption, procurement breaches and unexplained wealth covering the period between January 2021 and January 2026.

Over that time, Telewa held several senior public roles, including head of NGAAF, former CEO of the National Youth Council, head of procurement at the Kenya Deposit Insurance Corporation, and deputy head of procurement at the Competition Authority of Kenya.

On January 14, 2026, the court had issued temporary orders barring the EACC from taking coercive steps against him, although investigators were allowed to continue with their work.

In its response, the commission rejected the claims of rights violations, insisting it was acting within its legal mandate. It maintained that as a public officer, Telewa was subject to scrutiny over suspected economic crimes.

The EACC later applied to have the petition struck out, arguing it duplicated an earlier suit Telewa had filed before the Anti-Corruption and Economic Crimes (ACEC) Division. In that case, he had sought similar remedies against the same parties, but his bid for protective orders had been rejected on January 13, 2026.

Court records show that after failing to secure orders at the ACEC Division, Telewa filed a fresh case at the Constitutional and Human Rights Division the same day, where he obtained temporary relief similar to what had been declined earlier. He subsequently withdrew the ACEC matter.

In his decision, Justice Mwamuye faulted Telewa for not disclosing the existence of the earlier proceedings, noting that the two cases were nearly identical in content. The judge ruled that the parallel filings and lack of disclosure amounted to forum shopping and misuse of the judicial system.

The court dismissed the petition and declared that all interim orders had lapsed, opening the door for the EACC to move ahead with arrests and prosecutions in line with its mandate.