Last Updated on April 29, 2026 by courtnews reporter

Tony Gachoka Safaricom Case: Bid to Bar John Ohaga and Andrew Musangi Over Conflict Claims

Updated: April 29 | CourtNews Kenya

Tony Gachoka Safaricom case Kenya Overview

Tony Gachoka Safaricom case Kenya is at the center of a High Court dispute challenging legal representation in a case over the government’s plan to sell its shares in Safaricom PLC.

The case raises concerns about conflict of interest, public integrity, and constitutional compliance. It is currently before a three-judge bench.

read:Kwikbet: Safaricom Data Scandal – DCI Report Links Betting Firm to Stolen Subscriber Data (2026)

Background of the Application

Activist Tony Gachoka has moved to court seeking to block two senior lawyers from participating in the case.

He wants:

• Senior Counsel John Ohaga barred from representing the Attorney General

• Andrew Musangi disqualified from acting for Safaricom

What is the case about?

The case involves:

• Proposed sale of government shares in Safaricom

• Allegations of conflict of interest among legal representatives

• Constitutional questions on governance and public accountability

Additionally, the matter touches on regulatory independence.

Conflict of Interest Allegations

Gachoka argues that:

• John Ohaga previously acted for Safaricom or related interests

• His involvement may create a conflict in representing the State

He warned that continued participation could:

• Prejudice public interest litigation

• Undermine constitutional compliance

Tony Gachoka Safaricom case Kenya explained

The Tony Gachoka Safaricom case Kenya explained centers on whether legal counsel with prior or overlapping roles can fairly represent parties in matters of public interest.

The petition highlights concerns about impartiality and integrity in legal proceedings.

read:Victor Odhiambo Sues Safaricom Over AI Use in Customer Services and Financial Decisions

Case Against Andrew Musangi

Gachoka also challenges the role of Andrew Musangi.

He argues that:

• Musangi serves as chairperson of the Central Bank of Kenya board

• He is acting as counsel for a regulated entity

This dual role, he claims, creates:

• Actual conflict of interest

• Perception of bias

• Risk to regulatory independency

Constitutional Concerns Raised

The petition cites potential violations of:

• Article 75(1) on conflict of interest

• Article 10 on governance principles

• Article 157(9) on independence of legal offices

Gachoka argues that failure to act would undermine public trust.

Reference to Previous Court Decision

The application also relies on a prior High Court ruling that:

• Temporarily barred public entities from hiring external counsel

• Emphasized adherence to constitutional standards

Meanwhile, appeals on that decision are ongoing.

read:Peter Ndegwa Tenure Extension Claims Put Safaricom Board Under Scrutiny

Why the Case Matters

This case is important because:

• It affects public governance and accountability

• It raises questions about legal ethics

• It impacts confidence in judicial processes

Frequently Asked Questions

Who is Tony Gachoka?

He is an activist who filed a case challenging legal representation in a Safaricom dispute.

What is the case about?

It involves conflict of interest claims in a case on government share sale.

Is the case ongoing?

Yes, the matter is before the High Court.

Conclusion

The petition by Tony Gachoka brings attention to the role of legal ethics in high-profile public interest cases.

As the court considers the application, the outcome may shape how conflicts of interest are handled in similar cases.