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KENYA ANTI-CORRUPTION COMMISSION v. BHANGRA LIMITED & SAMMY SILAS KOMEN MWAITA

(2009) JELR 100356 (CA)

Court of Appeal  •  Civil Appli 185 & 186 of 2009  •  9 Oct 2009  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This ruling relates the two applications – viz, Civil Application No. Nai. 185 of 2009 and No. Nai. 186 of 2009. The parties in the two applications are the same. The orders sought in the two applications are also the same. The only difference between the two applications is that Civil Application No. Nai. 185 of 2009 relates to plot No. Mombasa Island/Block XI/936, whereas Civil Application No. Nai. 186 of 2009 relates to plot No. Mombasa Island/Block XI/ 937. The two plots were allotted to BHANGRA LIMITED, the 1st respondent in both applications by Sammy Silas Komen Mwaita, the 2nd respondent in both applications who was at the material time the Commissioner of Lands. A third plot No. Mombasa Island/Block XI/939 was also allotted to 1st respondent by Wilson Gachanja, a former Commissioner of Lands.

In Civil Application No. Nai. 185 of 2006 brought under Rule 5 (2) (b) of the Court of Appeal Rules, the applicant – Kenya Anti – Corruption Commission (KACC) seeks two …

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