KENYA ANTI-CORRUPTION COMMISSION & ATTORNEY GENERAL V. NEDERMAR TECHNOLOGY BV. LIMITED

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 30^th 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 20^th 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 24^th April 2006, Kenya Anti-Corruption Commission (here after the 1^st appellant), moved the Chief Ma…