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Ernst & Young v. Capital Markets Authority & Attorney General

(2019) JELR 102371 (CA)

Court of Appeal  •  Civil Appeal 92 of 2017  •  6 Dec 2019  •  Kenya

Roselyn Naliaka Nambuye, Wanjiru Karanja, Milton Stephen Asike Makhandia



What is before us is an application by way of notice of motion dated 4th July, 2019 brought by the appellant pursuant to Rule 29(1) (b) (2) of the Court of Appeal Rules. The appellant in the main seeks to have additional evidence introduced in this appeal by way of affidavit.

The background to the application is that by a letter dated 31st August, 2016 the 1st respondent issued a Notice to Show Cause letter to the appellant to respond to certain allegations arising from its audit work on Uchumi Supermarkets Ltd. The Notice to Show Cause letter threatened that the 1st respondent would upon consideration of the appellant’s detailed written submissions schedule a hearing before it, on a date to be communicated. This prompted the appellant to file Nairobi Constitutional Petition No. 385 of 2016 against the Respondents contending that the 1st respondent had infringed or threatened to infringe on its constitutional rights and fundamental freedoms when it issued a Notice to…

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