A temporary legal shield has been granted to Josephine Wayua Wambua Mongare after the High Court stopped any investigative steps being taken against her until a case she filed is heard and decided.
In the ruling, Bahati Mwamuye directed that the Ethics and Anti-Corruption Commission, the Inspector General of Police and the Attorney General must not summon, question, arrest or detain Justice Mongare.
The order also extends to anyone acting on behalf of these offices.
The court went further to block any search, seizure or access to her property, documents, electronic devices or personal information in connection with the planned investigations.
Authorities have also been warned against releasing or sharing any negative information about her while the case is still active in court.
These conservatory orders will remain in place until the matter is heard fully with all parties present. At that stage, the court will decide whether the restrictions should continue or be lifted.
The application before the court was filed by Justice Mongare, who serves in the Commercial and Tax Division of the High Court at Milimani. Her case is tied to an attempted investigation connected to a Ksh.1.9 billion loan dispute involving former Cabinet Secretary Raphael Tuju.
According to court documents, the issue began with a letter dated March 17, 2026. In that letter, the Ethics and Anti-Corruption Commission asked the Deputy Registrar of the High Court to arrange for Justice Mongare to appear before the commission on March 19, 2026.
The purpose was for her to give a statement as part of ongoing investigations into alleged corruption and abuse of office within the Commercial and Tax Division at Milimani.
In her application, Justice Mongare has challenged the manner in which the summons was issued.
She argues that it was improper and unconstitutional because it was not addressed to her directly but instead sent through a subordinate judicial officer.
She says this approach undermined her position and the dignity of her office as a judge.She also claims that the commission did not provide clear details about the allegations being investigated.
According to her, no specific reasons were given to justify why she was being summoned, and she was not given prior notice or a chance to respond before the process was initiated.
Another key argument raised in her application is that any complaints against a judge should be handled by the Judicial Service Commission.
She maintains that this is the body mandated by the Constitution to deal with such matters, and that the actions taken by the Ethics and Anti-Corruption Commission go beyond its legal powers and risk interfering with judicial independence.
Justice Mongare further told the court that she has not received any communication or complaint from the Judicial Service Commission regarding the allegations in question.
The High Court is now set to consider the matter in detail during an inter partes hearing.
This next stage will allow all sides to present their arguments before the court makes a final decision on whether the orders stopping the investigations should remain in force and how the broader legal issues raised will be resolved.
