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Kenya Anti-Corruption Commission v. Deepak Chamanlal Kamani, Rashmi Chamanlal Kamani, Principal Immigration Officer, Chief Magistrate's Court, Kibera, Nrb & Chief Magistrate's Court, Nairobi

(2014) JELR 100137 (CA)

Court of Appeal  •  Civil Appeal 152 of 2009  •  14 Mar 2014  •  Kenya

Coram
David Kenani Maraga, William Ouko, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

The issues leading to the impugned decision of the High Court and subsequently to this appeal were, in our view, fairly straight forward. They concerned the question as to whether Section 31 of the Anti-Corruption and Economic Crimes Act and the orders issued by the special magistrate pursuant to that provision were in contravention of Sections 72 and 81 of the former Constitution and whether the objectives of the Act, namely, detection, prevention, control and punishment of corruption are or are not in the public interest to warrant limitation of rights and fundamental freedoms of an individual. This is how these questions arose.

Pursuant to its mandate, the Kenya Anti-Corruption Commission (now the Ethics and Anti-Corruption Commission), the appellant, in the process of investigating allegations of corruption and economic crimes involving the procurement of various security projects between the Government of Kenya and some companies, including Anglo-Leasing and F…

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