Kenyan Court Clears Path for Anti-Corruption Arrest After Official's Legal Manoeuvres Fail
Nairobi, 7 February 2026
Kenya’s High Court has dismissed a petition by National Government Affirmative Action Fund CEO Roy Sasaka Telewa, clearing the way for his arrest on corruption charges. Justice Bahati Mwamuye ruled on 5 February that Telewa abused court processes by filing identical petitions in multiple courts—a practice known as ‘forum shopping’. The Ethics and Anti-Corruption Commission can now proceed with prosecuting allegations involving unexplained wealth and procurement irregularities spanning five years across four senior government positions.
Legal Strategy Backfires as Court Identifies Forum Shopping
The dismissal represents a significant setback for Telewa’s legal defence strategy, which had initially secured temporary protection from prosecution. On 14 January 2026, the court granted interim orders restraining the EACC from arresting or prosecuting Telewa, whilst allowing investigations to continue [1][2][3]. However, this reprieve unraveled when the anti-corruption body filed an application on 23 January 2026, seeking to strike out Telewa’s petition on grounds that it duplicated an earlier case [4][5]. Justice Mwamuye found that the two petitions were ‘almost word for word identical in all respects’ and that Telewa had failed to disclose the earlier Anti-Corruption and Economic Crimes Court filing [1]. The court determined that such non-disclosure and parallel filings constituted ‘forum shopping and a clear abuse of the judicial process’ [4].
Five-Year Investigation Spans Multiple Senior Positions
The EACC’s investigation encompasses a substantial period from January 2021 to January 2026, during which Telewa held several high-profile public sector positions [1][2][3]. His roles included CEO of the National Government Affirmative Action Fund, CEO of the National Youth Council, Head of Procurement at Kenya Deposit Insurance Corporation, and Deputy Head of Procurement at the Communications Authority of Kenya [2][3][4]. The breadth of these positions underscores the scope of potential irregularities being investigated, particularly given that three of the four roles involved direct oversight of procurement processes—a common area of vulnerability in public sector corruption cases [GPT]. The investigation focuses on allegations of corruption, procurement irregularities, and unexplained wealth accumulated during this five-year tenure across multiple government entities [1][2][3].
EACC Recommendation Triggers Administrative Action
The corruption investigation gained momentum when the EACC recommended Telewa’s suspension to Gender, Culture and Children Services Cabinet Secretary Hanna Wendot on 12 January 2026 [1][2]. This recommendation came pending investigations into allegations of unexplained wealth, abuse of office, conflict of interest, and money laundering [2]. Notably, Telewa managed to secure a temporary reprieve against his suspension at the Employment and Labour Relations Court, which issued orders blocking any suspension whilst the matter remained under consideration [2][3]. However, with the High Court’s dismissal of his constitutional petition, the EACC can now proceed unimpeded with both criminal prosecution and administrative action.
Implications for Government Fund Oversight
The case highlights potential vulnerabilities in the oversight of government funds designated for affirmative action programmes, which are designed to support marginalised communities and promote equality [GPT]. Telewa’s leadership of the National Government Affirmative Action Fund placed him at the centre of distributing resources meant to address historical disadvantages faced by various groups in Kenyan society. The allegations of procurement irregularities and unexplained wealth during his tenure raise questions about the effectiveness of internal controls within government agencies responsible for implementing affirmative action policies. With all interim orders now extinguished following the court’s ruling on 5 February 2026, the EACC faces no legal barriers to pursuing criminal charges against Telewa [4][5], potentially setting a precedent for accountability in the management of public funds earmarked for social development programmes.