Court clears way for EACC action after dismissal of Roy Sasaka petition
06:02:2025: The Ethics and Anti-Corruption Commission (EACC) is now free to arrest and prosecute NGAAF Chief Executive Officer Roy Sasaka Telewa after the Constitutional and Human Rights Court dismissed his petition challenging ongoing investigations into alleged corruption.
In a ruling delivered on February 5, 2026, Hon. Justice Bahati Mwamuye threw out Telewa’s petition, terming it an abuse of the court process occasioned by forum shopping. The decision lifts interim orders that had temporarily barred the EACC from arresting, detaining, charging, or prosecuting the NGAAF CEO.
Telewa had moved the court on January 13, 2026, accusing the EACC of violating his constitutional rights in the course of investigations. He alleged that the probe was being conducted in bad faith, was oppressive and malicious, and was aimed at removing him from office through the criminal justice system.
The petition arose from EACC investigations into allegations of corruption, procurement irregularities, and unexplained wealth covering the period between January 2021 and January 2026. During this time, Telewa served in several senior public positions, including CEO of NGAAF, former CEO of the National Youth Council (NYC), Head of Procurement at the Kenya Deposit Insurance Corporation (KDIC), and Deputy Head of Procurement at the Competition Authority of Kenya (CAK).
On January 14, 2026, the court granted interim orders restraining the EACC from arresting or prosecuting Telewa pending further directions, though it allowed investigations to continue.
In its response, the EACC opposed the petition, dismissing claims of constitutional violations and maintaining that it was lawfully exercising its mandate. The Commission argued that, as a public officer, Telewa was subject to investigation over allegations of corruption and economic crimes.
The EACC subsequently filed an application on January 23, 2026, seeking to strike out the petition on grounds that it duplicated an earlier case filed by Telewa before the Anti-Corruption and Economic Crimes (ACEC) Division. In ACEC Petition No. E001 of 2026—Roy Sasaka Telewa v EACC & Others—the petitioner had sought similar reliefs against the same parties, but his application for conservatory orders had been dismissed on January 13, 2026.
Following that setback, Telewa filed the present petition at the Constitutional and Human Rights Division on the same day, obtaining interim orders similar to those denied by the ACEC court. He later withdrew the ACEC petition after securing the favourable orders from the Constitutional Court.
In dismissing the case, Justice Mwamuye faulted Telewa for failing to disclose the existence of the earlier ACEC petition, noting that the two filings were “almost word for word” identical. The court held that the non-disclosure and parallel filings amounted to forum shopping and a clear abuse of the judicial process.
The judge consequently dismissed the petition and declared that all interim orders previously granted had been extinguished, paving the way for the EACC to proceed with arrests and prosecutions as it deems fit.
