Court halts orders compelling EACC to release files in Analo's Sh170m graft probe

Nairobi County Chief Officer Patrick Analo Akivaga. [File, Standard]

The High Court has temporarily suspended court orders requiring the Ethics and Anti-Corruption Commission (EACC) to disclose investigation documents in the Sh170 million unexplained wealth probe involving suspended Nairobi County Chief Officer Patrick Analo Akivaga.

Justice Rose Ougo issued the orders after the anti-graft agency challenged directions issued by a lower court, arguing that they would interfere with its constitutional mandate and independence while conducting investigations into the matter.

The orders being contested were issued on June 17, 2026, by Milimani Anti-Corruption Magistrate Celesa Okore, who had directed that Analo be supplied with copies of all the documents seized by EACC within seven (7) days from the date hereof to enable them prepare his defence and/or recording of statement by the commission.

Further EACC investigator Emmanuel Kubasu was ordered to ensure compliance with the orders failure to which the accused's statement shall not be taken and/or recorded.

The lower court had also directed that for purposes of communication between the EACC and the defence counsel, the commission CEO to appoint an investigator or counsel to act as the designated contact person.

EACC moved to the High Court seeking revision of the orders, arguing they were issued without any legal basis and/or justification and that the matter was at the preliminary stage of investigations.

When the matter came up for mention on Tuesday, counsel for the Commission Mary Ngethe, told the court that the application raises weighty issues that affect the operations of the EACC and its independence, and sought that the lower court orders be stayed pending hearing and determination of the revision application.

Respondent's lawyer Peter Wanyama opposed the stay application, telling the court it was a substantive application which seeks to allow the EACC to deny his client representation and to further require Analo to appear for statement recording without the required documentation.

He noted that EACC had already complied with part of the orders issued by the lower court, including releasing six electronic devices seized during the search, but remained aggrieved by the order to supply the documents within 7 days.

The court subsequently directed that Analo file his response within seven days, after which EACC will file its reply within a similar period.

The two contested orders were stayed for 21 days, with the Commission undertaking not to summon Analo for statement recording, only for extension of the bond and within the law.

The matter will be mentioned on July 22, 2026 to confirm compliance.

Akivaga, the Chief Officer for Urban Development and Planning at City Hall, is under investigation over allegations he received over Sh170 million through suspicious cash and M-Pesa deposits linked to claims of conflict of interest, abuse of office and bribery between 2020 and 2026.

In a separate matter, the court has also since refrozen Analo and his wife's bank accounts pending conclusion of the investigations, after detectives recovered over Sh65 million in cash from their Syokimau residence during a raid conducted on June 4, 2026.