EACC cleared to arrest Bomet Governor Hillary Barchok

By Newsflash Repoter

The High Court has given the Ethics and Anti-Corruption Commission (EACC) the green light to arrest Bomet Governor Hillary Barchok over corruption-related allegations, ending months of legal battles that had stalled the investigative process.

The ruling, delivered on Monday, September 1, followed an application by EACC seeking to overturn earlier interim orders that had barred the commission from arresting or charging the governor. Justice Martin Muya dismissed Barchok’s petition that sought to permanently restrain the commission from instituting criminal proceedings, stating that no public officer is above the law.

“The court finds that investigations into alleged corruption and abuse of office must be allowed to proceed unhindered. The petitioner has not demonstrated sufficient grounds to shield himself from accountability,” Justice Muya ruled.

Allegations against Governor Barchok

Governor Barchok is facing allegations of irregular procurement, mismanagement of public funds, and abuse of office linked to the award of tenders worth millions of shillings during his tenure. According to documents filed in court, investigators claim that contracts for county projects were inflated and awarded to companies associated with close allies of the governor.

EACC told the court that its investigations had uncovered evidence suggesting collusion between senior officials in the Bomet County government and suppliers, leading to significant financial losses. The commission now intends to record statements from the governor and, if satisfied with the evidence, arraign him in court.

In its submissions, EACC argued that granting immunity to Governor Barchok would set a dangerous precedent, undermining the fight against corruption.

Governor’s defence and legal battle

Governor Barchok, through his lawyers, had argued that the commission’s investigations were politically motivated and intended to derail his administration. His legal team claimed that the case was instigated by political rivals ahead of the 2027 general election.

“The investigations lack merit and are maliciously driven by forces seeking to discredit the governor’s leadership,” his lawyers said in court.

However, Justice Muya ruled that such claims could only be tested in a trial court, not at the preliminary stage. He emphasized that all accused persons are entitled to defend themselves within the judicial process.

Political and public reactions

The ruling has sparked mixed reactions in Bomet County. Supporters of the governor have termed the move a witch-hunt, while critics welcomed it as a necessary step towards accountability. Civil society groups also weighed in, urging the EACC to act swiftly and ensure that the matter is concluded without unnecessary delays.

EACC welcomed the ruling, saying it reaffirmed the independence of investigative agencies and the need to hold leaders accountable. “No individual, regardless of their position, is beyond scrutiny,” the commission stated shortly after the judgment.

The decision also underscores the increasing pressure on county governments to adhere to strict financial management practices, especially at a time when the Auditor-General has flagged widespread irregularities in the use of devolved funds.

Governor Barchok becomes the latest county boss to face imminent arrest over graft allegations, joining a growing list of governors entangled in corruption cases since the advent of devolution.

The commission is expected to summon him within the week to record a statement before deciding on the next legal steps.