The High Court has suspended the controversial Presidential Multi-Agency Team on the War Against Corruption (MAT-WAC), throwing President William Ruto’s newly announced initiative into legal limbo.
Justice Bahati Mwamuye issued the conservatory orders after a constitutional petition was filed by Dr. Magare Gikenyi, Eliud Karanja Matindi, Philemon Abuga Nyakundi, and Dishon Keroti Mogire. The petition challenges the legality of the team, which was unveiled by the President on 18 August 2025.
In his ruling, Justice Mwamuye stated: “Pending the inter partes hearing and determination of the applicants’ notice of motion, a conservatory order be and is hereby issued staying the operation and implementation of the Presidential Proclamation on the Establishment of the Multi-Agency Team on War Against Graft.”
The petitioners argue that the President overstepped his constitutional bounds by establishing MAT-WAC, asserting that the power to create anti-corruption bodies lies solely with Parliament under Article 79 of the Constitution. That role, they argue, is already fulfilled by the Ethics and Anti-Corruption Commission (EACC), making MAT-WAC not only redundant but potentially unlawful.
They accuse the President of invoking “imaginary hot air mirage powers” in an attempt to reassign functions already safeguarded under the Constitution.
Of particular concern is the inclusion of institutions such as the Central Bank of Kenya, the Office of the Director of Public Prosecutions, the National Intelligence Service, and the Directorate of Criminal Investigations within the taskforce.
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Another sticking point is funding. The team is to be financed through existing government budgets and unspecified “other sources,” a vague arrangement the petitioners warn could open the door to financial abuse.
They have also drawn attention to past Auditor-General reports highlighting questionable expenditures linked to the Office of the President, including the controversial Sh104 billion SHA system and opaque e-Citizen transaction fees.
The court has directed all respondents to file responses by 29 August, with a mention set for 9 September to confirm compliance. “The petitioners shall have leave to file and serve a rejoinder if need be, and they shall do so by close of business September 5, 2025,” Justice Mwamuye added.
The petitioners are seeking permanent orders to disband MAT-WAC, block it from producing any reports, and halt the use of public funds on its operations.
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