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Kenya Anti-Corruption Commission & Attorney General v. Nedermar Technology BV. Limited

(2017) JELR 100138 (CA)

Court of Appeal  •  Civil Appeal 304 of 2009 & 11 of 2010  •  24 Mar 2017  •  Kenya

Coram
Wanjiru Karanja, Festus Azangalala, Philomena Mbete Mwilu

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: KARANJA, MWILU and AZANGALALA, JJ.A)

CIVIL APPEAL NO. 304 OF 2009

BETWEEN

KENYA ANTI-CORRUPTION COMMISSION................................APPELLANT

AND

NEDERMAR TECHNOLOGY BV. LIMITED.................................RESPONDENT

Consolidated with

CIVIL APPEAL NO. 11 OF 2010

BETWEEN

THE ATTORNEY GENERAL..............................................................APPELLANT

AND

NEDERMAR TECHNOLOGY BV. LIMITED..................................RESPONDENT

(An appeal from the Judgment and Decree of the High Court

of Kenya at Nairobi (Nyamu, J.) dated 30th October, 2008

in

H.C. Petition No. 390 of 2006)

*******************

JUDGMENT OF W. KARANJA J.A.

[1] These two appeals were consolidated by this Court vide its order dated 20th of June 2016, both having emanated from the same judgment in Petition No. 390 of 2006 (J.G. Nyamu, J).

[2] By a notice of motion application dated 24th April 2006, Kenya Anti-Corruption Commission (here after the 1st appellant), moved the Chief Ma…

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