By Andrew Kariuki

Dr. Joshua Charles Omondi has filed a case before the High Court seeking urgent intervention to compel the Ethics and Anti-Corruption Commission (EACC) to complete investigations into an alleged Ksh 11.3 billion corruption and unexplained wealth probe involving a senior official at the Kenya Urban Roads Authority (KURA) before the officer exits public service.

In the judicial review proceedings lodged before the Anti-Corruption and Economic Crimes Division, Omondi accuses the anti-graft agency of failing to act within a reasonable time in investigations connected to inquiry file No. EACC/FI/INQ/31/2025 involving Silas Murira Kinoti.

Court papers indicate that in June 2025, the EACC obtained search warrants permitting investigators to search several properties allegedly linked to the official, including premises at Junction Apartments along Riara Road, Barabara Plaza near JKIA and other locations within Nairobi and Meru counties.

The warrants were reportedly issued after investigators informed the court they were probing allegations of conflict of interest, unexplained wealth and alleged embezzlement totaling Ksh 11.3 billion connected to the senior KURA official.

The filings further state that investigators alleged that between 2018 and 2025, the official under investigation received approximately Ksh 27.7 million in alleged kickbacks and bribes “in the form of cash and/or other assets.”

Omondi now claims that despite carrying out the searches, the anti-graft commission has neither finalized investigations nor filed the required inventories before court as previously directed.

“The 1st Respondent has effectively ‘buried’ the file. No inventory has been filed in Court as ordered, and the judicial portal remains static since 16th June 2025,” the application states.

According to the petitioner, the prolonged delay amounts to a failure by the commission to discharge its constitutional mandate.

“The 11-month silence in a matter involving Ksh. 11.3 Billion is not an exercise of discretion; it is a jurisdictional abdication of duty,” the petition argues.

The application also raises concerns that the investigations could be overtaken by events if the official retires before the matter is concluded.

“There is a grave risk that the 2nd Respondent will exit office, receive his retirement benefits, and possibly leave the jurisdiction before the 1st Respondent ‘wakes up’ from its administrative slumber,” Omondi states in the court filings.

Among the orders sought, the petitioner wants the court to compel the EACC to conclude investigations and submit the file to the Director of Public Prosecutions for further action.

He is also seeking orders barring the official from receiving salaries, allowances or retirement benefits from KURA pending completion of the investigations.

In a supporting affidavit, Omondi describes the continued delay as a “silent acquittal,” arguing that failure to act may ultimately defeat accountability efforts.

“Unless this Court intervenes, the public will lose billions and the 2nd Respondent will escape justice via the ‘lapse of time’ strategy,” he states.

The petition additionally references concerns raised in the Auditor-General’s report on KURA, including an unexplained variance of Ksh 2.75 billion under the Road Maintenance Levy Fund.

The matter is awaiting directions before the High Court.