High Court stops EACC from probing judge in Tuju Ksh.1.9B loan dispute

The High Court has issued conservatory orders halting any investigations or adverse action against Justice Josephine Wayua Wambua Mongare, pending the hearing and determination of her application challenging a probe by the Ethics and Anti-Corruption Commission (EACC).

In a ruling, Justice Bahati Mwamuye barred the EACC, the Inspector General of Police and the Attorney General, whether acting directly or through their agents, from summoning, questioning, arresting or detaining the judge.

The court also prohibited the authorities from searching, seizing or accessing any property, documents, devices or information linked to her in relation to the intended investigations.

The orders further restrained the respondents from taking any adverse action against Justice Mongare or issuing, disclosing or facilitating the release of any negative information concerning her while the matter remains pending before court.

The conservatory orders will remain in force until the application is heard and determined on an inter partes basis.

The orders arise from a notice of motion filed by Justice Mongare, a judge in the Commercial and Tax Division of the High Court at Milimani, in which she is seeking to block investigations linked to the Ksh.1.9 billion loan dispute involving former Cabinet Secretary Raphael Tuju.

Court documents show that the dispute was triggered by a letter dated March 17, 2026, in which the EACC requested the Deputy Registrar of the High Court to facilitate Justice Mongare’s appearance before the commission for an interview and statement recording on March 19, 2026.

In the letter, the commission indicated that it was investigating allegations of corrupt conduct and abuse of office at the Milimani High Court, Commercial and Tax Division.

In her application, Justice Mongare argues that the summons was irregular and unconstitutional, noting that it was not addressed to her directly but to a subordinate judicial officer, which she says undermined her authority and dignity as a judge.

She contends that no specific allegations or reasons were provided to justify the intended investigation and that she was not given prior notice or an opportunity to respond.

She further argues that any complaints against a judge ought to be handled by the Judicial Service Commission (JSC) as provided for under the Constitution, and that the actions by the EACC amount to an overreach that threatens judicial independence.

Justice Mongare also told the court that she has not received any complaint, summons or communication from the Judicial Service Commission regarding the allegations forming the basis of the intended probe.

The High Court will now hear the application on an inter partes basis to determine whether the conservatory orders should remain in force and to address the substantive issues raised in the petition.