High Court declines to stop EACC from arresting Bomet Governor Hillary Barchok
Barchok maintains that unless the court intervenes, the intended prosecution will amount to a political witch-hunt designed to tarnish his image and destroy his career.
The High Court has declined to issue orders stopping the Ethics and Anti-Corruption Commission (EACC) from arresting and prosecuting Bomet Governor Hillary Kipng'eno Barchok over Sh2.6 million corruption allegations.
Justice Bahati Mwambie, instead, directed that the respondents file and serve their responses before a mention on October 7, 2025, to confirm compliance and take further directions.
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In the application, Barchok wants the EACC to stop arresting, charging, or arraigning him over corruption allegations.
In an urgent application, Barchok argues that his rights to fair administrative action, political participation, and dignity are under threat following EACC's move to forward a file to the Office of the Director of Public Prosecutions (ODPP) recommending his prosecution for alleged money laundering and unjust enrichment involving Sh2.6 million.
Through his lawyers, the governor wants conservatory orders issued restraining the anti-graft agency and ODPP from taking any action against him until the hearing and determination of his constitutional petition. He claims that failure to grant the orders will subject him to irreparable harm, ridicule, and political persecution.
"The Applicant is already judged in the public eye from the moment the Respondent issued a press release dated 16th February 2025 and further amplified by news broadcasts branding him corrupt," the court papers state.
Barchok insists that the allegations are baseless and malicious, noting that they stem from payments made to him by Chemasus Construction Limited, a private company that legally leased his tractor in 2020.
He contends that Chemasus was awarded a road construction tender by the Kenya Rural Roads Authority (KeRRA), an entity independent of the County Government of Bomet, and that he had no influence over the award.
According to the governor, Chemasus paid him Sh2 million in February 2021 for the lease agreement, a transaction he says had no connection with KeRRA or his official duties.
He accuses EACC of failing to carry out proper investigations, terming the accusations of conflict of interest, unlawful acquisition of public property, and money laundering as "ill-motivated and devoid of merit."
Barchok maintains that unless the court intervenes, the intended prosecution will amount to a political witch-hunt designed to tarnish his image and destroy his career.
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