Former Acting Chief Executive Officer of the National Water Harvesting and Storage Authority, Eng. Geoffrey K. Sang, has moved to the High Court challenging his arrest, investigation and intended prosecution, terming the process unlawful and a violation of his constitutional rights.
In Petition No. 19 of 2020 filed at the High Court in Machakos, Sang accuses the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP), alongside other state agencies, of acting outside the law and abusing the criminal justice system.
Sang states that he was arrested on April 24, 2020 while at his office and taken to the DCI headquarters for questioning over alleged irregular hiring and procurement decisions within the Authority. He maintains that the officers did not present any summons or documentation outlining the nature of the allegations against him.
He further claims that the accusations were baseless, noting that individuals he was alleged to have irregularly employed were not part of the Authority’s payroll, and in one instance, the named individual was already deceased.
According to Sang, the investigation and intended charges of abuse of office were malicious and driven by internal disputes within the Authority, rather than any criminal wrongdoing.
The petitioner also alleges that his constitutional rights were violated during the process, including the seizure of his mobile phones and laptop without a warrant. He argues that any evidence obtained from the devices is inadmissible, as it was acquired in breach of his right to privacy and property.
He further claims that information about his arrest was leaked to the media before he was formally charged, effectively subjecting him to public trial and undermining his right to a fair hearing.
Sang has also challenged the actions of the Authority’s Board, accusing it of orchestrating his removal from office. He states that a special board meeting held on April 28, 2020 revoked his appointment as Acting CEO without his knowledge or participation, despite his role as Secretary to the Board.
He argues that the meeting violated established governance procedures and was part of a coordinated effort to push him out of office.
In response, the DPP has opposed the petition, arguing that it is premature and that no decision had been made on whether Sang would be charged. The prosecution maintains that it has constitutional authority to initiate criminal proceedings independently and that police investigations fall within their legal mandate.
The Authority’s Board has defended its decision, citing concerns over alleged procurement irregularities, including a Ksh 231 million dam project in Turkana County. It maintains that Sang’s removal was necessary to safeguard public funds and uphold accountability.
Sang is now seeking court orders to block any prosecution arising from the investigations, declaring the process unconstitutional and an abuse of power.
The case places the court at the centre of determining whether the actions of investigative and prosecutorial agencies were lawful, and whether internal administrative disputes can form the basis of criminal proceedings.
