ETHICS AND ANTI-CORRUPTION COMMISSION V. TOM OJIENDA, SC, T/A PROF. TOM OJIENDA & ASSOCIATES, CHIEF MAGISTRATE & KIBERIA LAW COURTS; LAW SOCIETY OF KENYA (AMICUS CURIAE)

R U L I N G

A. INTRODUCTION

[1] We have before us a Notice of Motion by the Ethics and Anti-Corruption Commission (EACC) dated 18^th July 2019 filed under the provisions of Articles 159(2)(a) and (e) and 163(4)(a) of the Constitution, Sections 21(2) and 24(1) of the Supreme Court Act as well as Rules 23 and 26 of the Supreme Court Rules, 2012. It seeks stay of execution, enforcement, and/or implementation of, or reliance upon the judgment and/or decree of the Court of Appeal in Civil Appeal No. 109 of 2016 (consolidated with Civil Appeal No. 103 of 2016). The Application is supported by an affidavit sworn on 18^th July, 2019 by Michael Kasilon, a forensic investigator with the applicant.

B. LITIGATION BACKGROUND

[2] While investigating suspected fraudulent payments of legal fees by Mumias Sugar Company (MSC) to the 1^st respondent, the Ethics and Anti-Corruption Commission (EACC) obtained an ex-parte order from the Chief Magistrate’s Court at Kibera to have access to and investigate the 1^st …