"Misleading": Lawyer asks DCI to probe alleged KSh 25.4m Gachagua bribery claim

This story has significance for readers across Kenya and beyond.

- Lawyer Harrison Kinyanjui has asked the DCI to investigate businessman Michael Makarina over an X post allegedly linking him to a KSh25.4 million bribery scheme involving Rigathi Gachagua

- Kinyanjui said the post falsely claimed he was arrested by EACC and portrayed him as a lawyer who could fix Supreme Court cases for the former deputy president

- The lawyer denied ever being arrested or involved in bribery, while EACC has reportedly dismissed the alleged operation described in the post as false and misleading

City lawyer Harrison Kinyanjui has escalated his fight with businessman Michael Makarina, asking the Directorate of Criminal Investigations (DCI) to probe him over an allegedly defamatory social media post linking him to a KSh 25.4 million bribery scheme involving former deputy president Rigathi Gachagua.

In a formal complaint addressed to DCI Director Mohamed Amin, Kinyanjui accused Makarina of cyberbullying and publishing false and malicious information after allegedly sharing an old video on X that claimed the lawyer and a former judge had been arrested by the Ethics and Anti-Corruption Commission (EACC) over a bribery scandal linked to Gachagua's Supreme Court cases.

Kinyanjui wants the DCI to investigate the alleged offence and, if necessary, seek orders compelling the removal of the material and disabling the X account used to publish it.

What did the post claim?

According to Kinyanjui, Makarina published the video with the caption:

“EACC ARRESTS JUDGE AND RIGATHI LINKED LAWYER RED-HANDED IN BRIBERY SCANDAL LINKED TO SUPREME COURT IMPEACHMENT CASE.”

The lawyer said the post falsely identified him as the advocate arrested over an alleged KSh 25.4 million bribe intended to influence Supreme Court cases involving Gachagua.

Kinyanjui strongly denied the allegations, saying he had never been arrested or charged over any bribery scheme involving Gachagua, the former deputy president's Supreme Court cases or any other matter.

He said Makarina had used an old video showing retired Judge Mutava being arrested by the EACC, but allegedly changed its context by identifying him as the lawyer arrested in connection with the purported KSh 25.4 million bribe.

According to Kinyanjui, the allegation was completely fabricated and had no basis in fact.

The post allegedly stated:

“Former judge & advocate Harrison Kinyanjui arrested over a Sh.25.4M bribe to fix Supreme Court cases for Gachagua. Rigathi Gachagua is procuring justice at all cost. #RiggyLawyerArrest.”

Kinyanjui further accused Makarina of deliberately adding the words “VIRAL VIDEO” in red to the post in an attempt to sensationalise the allegation and draw attention to his name and profession.

Why does Kinyanjui say it harmed him?

The lawyer said the publication was particularly damaging because of his involvement in legal proceedings connected to Gachagua's impeachment.

Kinyanjui has represented parties in constitutional proceedings arising from the former deputy president's removal from office.

In June 2026, he represented petitioner Joseph Enock Aura in a case challenging aspects of Gachagua's impeachment and the subsequent appointment of Deputy President Kithure Kindiki.

Kinyanjui said the post created the impression that he had “personally overseen and supervised” the alleged delivery of KSh 25.4 million to “fix Supreme Court cases for Gachagua”.

He vehemently denied the allegation, saying he had never participated in bribery, corruption or any attempt to influence judicial outcomes.

The lawyer said the post portrayed him as someone seeking to “peddle influence” and presenting himself as a “fixer” of justice.

He further argued that it falsely portrayed him as a “social schemer” who benefited from alleged corrupt practices involving attempts to bribe judicial officers in cases in which he was involved.

Kinyanjui said the publication had caused him distress and reputational damage, including incessant calls from clients seeking clarification about the allegations.

He maintained that, as a lawyer of long standing, the allegations had the potential to seriously damage his professional standing and reputation.

Did Makarina refuse to delete the post?

Kinyanjui told investigators that he contacted Makarina by phone after discovering the post and asked him to remove it.

However, he alleged that the businessman was “totally unremorseful” and remained adamant that he would not take down the publication.

Kinyanjui has therefore asked the DCI to investigate the matter and take appropriate action, including seeking orders for the removal of the allegedly offensive material and disabling the X account if deemed necessary.

His complaint invokes Section 27(1) of the Computer Misuse and Cybercrimes Act, 2018, which addresses wilful online communications that detrimentally affect another person or are grossly offensive. A 2024 High Court judgment cited the provision in a cyber-harassment case and reproduced its relevant wording.

However, the legal position surrounding the provision has recently evolved. In July 2026, the High Court declared provisions of the amended cybercrimes law relating to cyber harassment and website blocking unconstitutional, meaning the precise legal basis for any prosecution would have to be determined by investigators and the courts.

What did EACC say?

Kinyanjui attached an EACC statement to his complaint in which the anti-corruption agency appeared to distance itself from the alleged operation described in the social media post.

“The commission clarifies that no such operation was conducted and the claims are false and misleading,” EACC stated.

The commission urged members of the public to disregard the claims and rely on its official communication for information concerning its operations.

Kinyanjui also maintained that he was not arrested by any police officer on August 17, or at any other time, over the alleged bribery scandal or any other matter.

He further denied being involved in any Supreme Court cases concerning Gachagua in the manner alleged, describing the claims as expressly false and warning that they could seriously damage his reputation as an advocate.

The complaint now places the matter before the DCI, with Kinyanjui seeking an investigation into what he considers a deliberate attempt to associate him with corruption and undermine his professional reputation.

Additional reporting by Zipporah Weru

Source: TUKO.co.ke

Zipporah Weru (Nairobi freelance reporter) Zipporah Weru is a professional journalist with a bias towards human interest, human rights, crimes and court reporting with over 14 years’ experience in journalism. She is currently a TUKO.co.ke correspondent based in Nairobi county, covering civil, criminal and constitutional cases. She holds a Diploma in Journalism and Public Relations from the Technical University of Kenya. You can reach her at zweru34@gmail.com.

Harry Ivan Mboto (Current affairs editor) Harry Ivan Mboto is an accredited journalist with the Media Council of Kenya (MCK) and a Current Affairs and Politics Editor at TUKO.co.ke. He is a Linguistics, Media, and Communication student at Moi University and has five years of experience in digital journalism. Have a news tip, query, or feedback? Reach him at: harry.ivan@tuko.co.ke.

Reporting originally appeared via TUKO. Read the full source for additional context.