Court Orders Koech Family to Appoint Administrator for Sh200 Million Graft Recovery Case

The family of late Kenya Medical Research Institute (Kemri) former CEO Dr. Davy Koech has been given three months to appoint an administrator to handle a corruption case where the Ethics and Anti-Corruption Commission (EACC) seeks to recover approximately Sh200 million from his estate.

High Court Judge Lucy Njuguna rejected the EACC’s application to have the Public Trustee take over the case, instead directing that Dr. Koech’s children or other beneficiaries be given an opportunity to apply for a limited grant to finalize the matter.

The case stems from allegations that Dr. Koech and co-defendant Dunstan Magu Ngumo misappropriated Sh509 million while serving as trustees of the Kemri retirement scheme. The lawsuit was initially filed by the Kenya Anti-Corruption Commission, the EACC’s predecessor.

In January 2016, the parties reached a partial consent judgment requiring Dr. Koech to pay Sh200 million, with the remaining Sh309 million subject to further negotiation or trial. Before his death, Dr. Koech maintained he had paid the agreed amount and questioned why criminal proceedings continued against him despite this payment.

Dr. Koech was subsequently convicted and served time in prison before receiving a presidential pardon from President William Ruto. He died last year while the civil case remained pending.

In her July 30 ruling, Justice Njuguna criticized the EACC for not making sufficient efforts to reach out to Dr. Koech’s beneficiaries so they could apply for a limited grant to handle the suit. “From the material provided to the court, it appears to me that the applicant has not done enough to reach out to the beneficiaries of the estate of the first defendant, Dr. Koech,” the judge stated.

The court has ordered that the decision be delivered to one of Dr. Koech’s children to facilitate the appointment process.

Prior to his death, Justice Esther Maina had conducted an inquiry to determine Dr. Koech’s mental capacity to continue with the proceedings. After questioning, she ruled that he was sufficiently capable of instructing counsel and proceeding with the case, noting that he answered all questions “truthfully and in the positive” about his awareness of his surroundings and the proceedings against him.

The judge emphasized that unlike criminal cases, civil suits cannot simply terminate upon a defendant’s death but must either be withdrawn or formally abated. Since the EACC has shown no intention of withdrawing the case, the matter must continue through the estate.

Dr. Koech, who died at age 71, was a prominent scientist who despite his legal troubles remained a respected figure in scientific and political circles throughout his career.​​​​​​​​​​​​​​​​