A Kiambu resident has moved to the Court of Appeal to challenge a High Court decision that dismissed his bid to stop the state from investigating and arresting Governor Kimani Wamatangi.
Mr. Stephen Mwangi Kimani alias Wamaconnection, a voter in Kiambu County, has filed a Notice of Appeal expressing his dissatisfaction with the entire ruling delivered by Lady Justice Dora Chepkwony on July 31, 2025.
The legal battle stems from a suit filed by Mr. Kimani in April 2025, where he sought to block the Director of Public Prosecutions (DPP), the Ethics and Anti-Corruption Commission (EACC), and the National Police Service from arresting or prosecuting the Governor.
In his initial petition (HCCC E016 of 2025), Mr. Kimani sought several conservatory orders, including an injunction to prevent the Deputy Governor from being sworn in or taking over the county leadership. He further prayed for a stay of proceedings in a related anti-corruption case (No. MCACMISC/E550/2025) currently before the Milimani Chief Magistrate’s Court.
However, the EACC and the Attorney General countered the application with a Preliminary Objection. They argued that the procedure used to bring the petition was unknown in law and that Mr. Kimani lacked the locus standi (legal standing) to institute the case on behalf of the Governor.
The EACC maintained that it has a constitutional mandate to investigate economic crimes and cannot be barred from exercising its lawful duties.
In her July ruling, Justice Chepkwony agreed with the respondents, noting that while Mr. Kimani is a resident and voter in Kiambu, he failed to demonstrate how the investigations against Governor Wamatangi directly violated his own personal constitutional rights.
The judge observed that Governor Wamatangi is the “proper party” to file such a suit, as it is his liberty and reputation at stake.
“As a resident and voter within Kiambu County, he has not demonstrated how the Respondents have violated any of his constitutional rights or how the harassment and or investigations against the person of Governor Wamatangi have directly or indirectly affected his person,” the court ruled.
Finding the suit “void ab initio” (legally void from the beginning), the High Court struck out the case with costs to the respondents.
Unfazed by the setback, Mr. Kimani has now escalated the matter to the Court of Appeal under Rule 77(6) of the Court of Appeal Rules 2022.
In his Notice of Appeal, Kimani states he intends to challenge the “whole ruling,” maintaining that he has a right as a citizen to seek judicial intervention when he believes political reasons are behind the harassment of a democratically elected leader.
The case has been forwarded to the Deputy Registrar for approval. If the appeal proceeds, it will determine the extent to which a private citizen can use the court system to shield a public officer from criminal investigations.
The Governor’s office has yet to issue an official statement regarding the resident’s independent move to provide him with a legal buffer against the EACC and the DPP.
Ends…
