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Michael Sistu Mwaura Kamau v. Director of Public Prosecutions & Ethics and Anti-Corruption Commission

(2018) JELR 99093 (CA)

Court of Appeal  •  Criminal Application 7 of 2018  •  22 Jun 2018  •  Kenya

Coram
Mohammed Abdullahi Warsame, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

It is common factor that the applicant was under investigation by the Ethics and Anti-Corruption Commission (EACC) over allegations of corruption and that at the stage when the EACC report was forwarded to the Director of Public Prosecutions (DPP), the EACC had no commissioners in office. This notwithstanding, the DPP, acting on the aforesaid report proceeded to charge the applicant in Criminal Case No. 11 of 2015 with 5 counts as follows: willful failure to comply with applicable procedures and guidelines relating to the management of funds contrary to section 45(2)(b) as read with section 48(1) of the Anti-Corruption and Economic Crimes Act; three counts of abuse of office contrary to section 101 and 102A of the Penal Code; and giving a misleading document to a principal contrary to section 48(1) of the Anti-Corruption and Economic Crimes Act.

Aggrieved by the turn of events, the applicant filed a constitutional petition in the High Court, contending that the actio…

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