A petition has been lodged in court challenging President William Ruto’s recent decision to establish the Presidential Multi-Agency Team on the War Against Corruption (MAT-WAC), with petitioners terming the move unconstitutional and illegal.
The case, filed by Dr. Benjamin Gikenyi and others, seeks to suspend and ultimately nullify the presidential proclamation, arguing that it amounts to usurpation of the powers of independent institutions mandated to fight corruption, such as the Ethics and Anti-Corruption Commission (EACC).
According to the petitioners, Article 132(4) of the Constitution does not give the President authority to create anti-graft bodies, noting that such powers are expressly reserved for independent commissions under Article 79 and the EACC Act. They claim that by anchoring MAT-WAC under the Executive Office of the President, the head of state is shielding his office from accountability.
The petition cites past Auditor-General reports linking the presidency to questionable dealings, including the Sh104 billion SHA system procurement and controversies over e-Citizen platform fees. It further warns that MAT-WAC risks becoming a political tool, especially in an election season, with its activities potentially extended to witch-hunts.
The applicants also fault the team’s funding model, which is set to draw from the budgets of its member institutions and other sources, without parliamentary approval. They argue that this breaches constitutional provisions on public finance and accountability and amounts to duplication of roles already handled by the EACC, the Office of the Director of Public Prosecutions (ODPP), the Asset Recovery Agency (ARA), and the Central Bank of Kenya.
Other concerns raised include lack of transparency in the selection of MAT-WAC members, potential violation of the rights of public servants under Article 236, and the risk of exposing sensitive private data to non-state actors participating in the team.
The petitioners have asked the court to issue conservatory orders barring MAT-WAC from compiling reports, making recommendations, or undertaking any activity until the case is heard and determined. They want the team’s operations suspended entirely, insisting that its establishment is unconstitutional and amounts to wastage of scarce public resources.
The matter is set to be mentioned in court for directions.
