The case, filed under Petition No. E530 of 2025, is led by Dr. Magare Gikenyi alongside Eliud Karanja Matindi, Philemon Abuga Nyakundi, and Dishon Keroti Mogire.
The petitioners claim that the presidential proclamation of August 18, 2025, which established the taskforce, violates several provisions of the 2010 Constitution.
In their filing, the petitioners argue that the President lacks a constitutional mandate to establish an anti-corruption agency, a role already assigned to the Ethics and Anti-Corruption Commission (EACC) by Article 79.
They call the powers wielded by the Head of State “imaginary hot air mirage powers,” arguing that the Constitution expressly limits executive authority in matters reserved for independent commissions.
The petition also criticizes the inclusion of organizations like the Central Bank of Kenya, the Office of the Director of Public Prosecutions, the National Intelligence Service, and the Directorate of Criminal Investigations in the MAT-WAC team.
The petitioners argue that this undermines their constitutional independence and risks politicising their functions.
Citing previous Auditor-General reports that implicated the President’s Office in questionable procurements, such as the Sh104 billion SHA system and e-Citizen platform fees, the petitioners argue that the formation of the new body will shield the presidency from scrutiny.
They also warn that the team’s funding arrangements, which will be drawn from existing budgetary allocations and unspecified “other sources,” lack transparency and allow for the misuse of public resources.
The petitioners are now seeking conservatory orders to suspend the taskforce, halt operations, and prevent it from compiling or implementing any reports. They argue that failing to do so would be a violation of the Constitution, a loss of public trust, and an abuse of taxpayer funds.
The respondents in the case are the Presidential Multi-Agency Team, the Attorney-General, EACC, ODPP, CBK, NIS, DCI, the Financial Reporting Centre, the Asset Recovery Agency, the Kenya Revenue Authority, and the Public Procurement Regulatory Authority.
By Dzuya Walter
