Court declines to block Governor Barchok's Sh2.6m graft case

Bomet Governor Hillary Barchok before the Senate's County Public Investments and Special Funds Committee (CPIC) at Bunge Towers, Parliament. March 28th,2025 (Elvis Ogina, Standard)

The High Court in Nairobi on Monday dealt a blow to Bomet Governor Hillary Barchok by declining to block his prosecution in an alleged Sh2.6 million graft case.

Barchok, who rushed to court following a summon by the Ethics and Anti-Corruption Commission (EACC), in preparation for him to appear in the dock, claimed that the charges were motivated by malice.

Nevertheless, Justice Mwamuye yesterday ordered that he should instead serve the court papers to the commission, then appear before him on October 7, 2025.

"The petitioner shall serve the application, petition and these directions on the respondent, both in hard copy and soft copy immediately and file an affidavit in that regard by close of business, September 2, 2025," ruled Justice Mwamuye.

In his petition, Barchok wanted the court to block EACC from either going after him for arrest or pressing charges.

The Director of Public Prosecutions (DPP) Renson Ingonga last week approved his prosecution, paving the way for him to appear in court on allegations of conflict of interest.

"Upon thorough review, I have directed that Hillary Kipngeno Barchok be charged as follows: Conflict of Interest contrary to section 42(3) as read with section 48 of The Anti-Corruption and Economic Crimes Act 2003, and unlawful acquisition of public property," read a statement by the DPP.

Governor Barchok is to be prosecuted alongside Evans Kipkoech, the director of Chemasus Construction.

EACC said that he allegedly received money from Chemasus following a contract with the Kenya Rural Roads Authority (Kerra).

However, in his case, Barchok alleged that the firm only hired his tractor but had no links or personal interests in the contract or the company.

"It is apparent, even to a reasonable observer, that the allegations and the intended charged against the applicant are unfounded, raise no questions as to his integrity, and do not amount to a conflict of interest," he said.

The governor also alleged that he had been subjected to humiliation following the news that he was on the EACC radar. Barchok said that the claims do not show he is complicit, and lacked integrity.