The Ethics and Anti-Corruption Commission (EACC) has secured a major legal victory after the High Court dismissed a petition filed by National Government Affirmative Action Fund (NGAAF) Chief Executive Officer Roy Sasaka Telewa, effectively clearing the way for his arrest and prosecution over alleged graft.
In a ruling delivered on February 5, 2026, Justice Bahati Mwamuye of the Constitutional and Human Rights Court struck out Telewa’s petition, describing it as an abuse of the court process.
The decision lifts interim orders that had temporarily shielded him from arrest, detention, charging, or prosecution.
Telewa had moved to court on January 13, 2026, seeking to block the EACC from investigating, arresting, or charging him.
He argued that the investigations into alleged corruption, procurement irregularities, and unexplained wealth were malicious, oppressive, and violated his fundamental rights.
He further claimed the probe was intended to force him out of office through the criminal justice system.
However, the EACC opposed the petition, maintaining that it was acting within its constitutional and statutory mandate.
The commission insisted that as a public officer, Telewa was subject to scrutiny and that no rights had been violated during the investigations.
Court records revealed that Telewa had earlier filed a similar case before the Anti-Corruption and Economic Crimes (ACEC) Division against the same parties, seeking identical protective orders.
That application was rejected on January 13, 2026. On the same day, he filed a fresh petition before the Constitutional and Human Rights Division, where he obtained temporary relief before later withdrawing the ACEC case.
Justice Mwamuye faulted Telewa for failing to disclose the existence of the earlier proceedings, noting that the two cases were nearly identical in content.
The judge ruled that filing parallel cases and concealing material facts amounted to forum shopping and misuse of the judicial system.
“The conduct of the petitioner demonstrates a clear abuse of the court process,” Justice Mwamuye ruled, adding that courts should not be used to frustrate lawful investigations.
The EACC probe covers the period between January 2021 and January 2026, during which Telewa served in several senior public positions, including NGAAF CEO, former CEO of the National Youth Council, Head of Procurement at the Kenya Deposit Insurance Corporation, and Deputy Head of Procurement at the Competition Authority of Kenya.
The commission’s investigations focus on alleged financial impropriety and misappropriation of public funds meant for affirmative action programmes.
NGAAF is a critical fund designed to empower women, youth, and persons with disabilities, and any loss of funds directly undermines social equity efforts.
With all interim orders now lapsed, the ruling paves the way for the EACC to proceed with arrests and possible prosecutions.
