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High CourtAllowedConstitutional Petition No. E350 of 2026

Constitutional Petition No. E350 of 2026 – Ruling

High Court of Kenya
31 July 2026
DMDavid Mburu
2,148 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Corruption cases linked to EACC investigations must be heard in the specialized Anti-Corruption Division of the High Court.

What this practically means

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Executive summary

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The Ethics and Anti-Corruption Commission, as Respondent, moved the Court by notice of motion dated 9th July 2026 seeking transfer of Constitutional Petition No. E350 of 2026 to the Anti-Corruption and Economic Crimes (ACEC) Division of the High Court, invoking the Practice Directions published through Kenya Gazette Notice No. 10263 of 9th December 2016. The Commission explained that the petition arises from its investigations into the alleged illegal payment of USD 51,186,058 of public funds to Jamhuri Holdings Limited in connection with the acquisition of shareholding in Telkom Kenya Limited, which led to a recommendation to prosecute several persons including the Petitioner under the Anti-Corruption and Economic Crimes Act and the Leadership and Integrity Act. The Petitioner opposed transfer, contending that the petition raises fair administrative action, equality, human dignity and legitimate expectation questions within the Constitutional and Human Rights Division, that divisions are mere administrative conveniences, and that transfer at an advanced stage would cause delay. The Petitioner relied on Law Society of Kenya v Centre for Human Rights & Democracy and Republic v Karisa Chengo. The court, applying Prof. Tom Ojienda SC v EACC, Christopher Orina Kenyariri and Ondieki Nyairo, held that divisions of the High Court are internal administrative allocations that do not oust jurisdiction, but that a petition arising directly from a corruption investigation falls squarely within the ACEC Division's mandate under Rule 5 of the Practice Directions. The application was allowed, the file transferred to the ACEC Division in Nairobi, with a mention before the Division's Presiding Judge on 21st September 2026, and costs of the application to abide the outcome of the petition.

Key legal issues

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Whether the petition should be transferred to the Anti-Corruption and Economic Crimes Division

Holding

The application was allowed; the petition was transferred to the ACEC Division in Nairobi because it arises directly from an EACC corruption investigation and falls squarely within that Division's mandate under the Practice Directions.

Reasoning

The court found that the dispute arises from EACC investigations into alleged corrupt deals involving misuse of public resources, with the investigation under ODPP review. Rule 5 of the Practice Directions assigns corruption and economic crimes matters to the ACEC Division. Relying on Ondieki Nyairo, the court held it would defeat the purpose of the Division to keep such a matter elsewhere, and saw no good reason to decline transfer of a fresh matter.

p. 10

Legal principles established

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  • Divisions of the High Court are administrative allocations of business; they do not oust or diminish the High Court's jurisdiction, but matters must be filed in the division designated for their subject matter.
  • Petitions relating to corruption and economic crimes, including those brought by persons under investigation but not yet charged, fall within the mandate of the ACEC Division.

Court orders

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  1. 1.The application dated 9th July 2026 is allowed and the file is transferred to the Anti-Corruption and Economic Crimes Division of the High Court in Nairobi
  2. 2.The matter to be mentioned before the Presiding Judge of the Anti-Corruption & Economic Crimes Division, Nairobi on 21st September 2026 for directions on the hearing and disposal of the petition
  3. 3.Costs of the application to abide the outcome of the petition
Jurisdiction invoked
Articles 22, 23 and 165 of the Constitution; High Court (Organization and Administration) Act; Practice Directions for the Anti-Corruption and Economic Crimes Division (Kenya Gazette Notice No. 10263 of 9th December 2016)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Constitutional Petition No. E350 of 2026 – Ruling", Case Analysis (2026). Constitutional Petition No. E350 of 2026. Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.