CS Alice Wahome Dragged to Court for Defying EACC Orders

Water CS Alice Wahome signing a performance contract at State House, Nairobi on Wednesday, August 2, 2023.
Water CS Alice Wahome signing a performance contract at State House, Nairobi on Wednesday, August 2, 2023.
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Alice Wahome

Water Cabinet Secretary Alice Wahome has been taken to court for allegedly defying orders from the Ethics and Anti-Corruption Commission (EACC).

In court papers obtained by Kenyans.co.ke on Wednesday, the complainant, Caroline Wambui Mwangi, argued that on May 24, 2023, EACC wrote to the CS asking her to suspend a senior official of Athi Water Works Development Agency. 

She claimed that the official had served two months more than the 6-year period prescribed for the holder of the office.

"Strangely, and for what can only be deemed to be vested interests, the 4th respondent (Wahome) refused to act on the lawful recommendation of EACC," read the petition in part.

Water CS Alice Wahome appearing before National Assembly on July 26, 2023.
Water CS Alice Wahome appearing before National Assembly on July 26, 2023.
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National Assembly of Kenya

"The refusal by the 4th respondent to resolutely act on the recommendations of the EACC points to a conspiracy to shield the 1st respondent from accountability and prescribed legal requirements for ulterior reasons."

The petitioner therefore sought to have the official 'permanently restrained' from exercising the mandate, powers or discharging any duties or functions conferred upon or reserved for the office they hold.

She also demanded an order to be issued compelling the official to refund all public funds, allowances, monies, and/or benefits accrued or obtained from Athi Water Works Development Agency after their employment tenure expired.

In May, EACC CEO Twalib Mbarak wrote a letter to the CS to suspend the official citing an ongoing tender probe.

In the widely reported directive, EACC noted that it was probing a tender that had been illegally awarded in line with the construction of Ruiru-II, Karimenu and Kitui Matuu Water Projects.

"The (official), being the accounting officer of the agency was involved in the implementation of these three projects," read the letter at the time

"Therefore, there is a likelihood that his being in the office will interfere with the smooth provision of documents and persons who may be called upon as witnesses."

CS Wahome is yet to publicly respond to the court petition. 

Milimani Law Courts
Milimani Law Courts that hosts a number of courts within the Judicial Service Commission (JSC).
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Judiciary
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