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Michael Sistu Mwaura Kamau v. Ethics and Anti-Corruption Commission, Public Prosecutions, Attorney General & Inspector General of the National Police Service

(2015) JELR 99091 (CA)

Court of Appeal  •  Civil Application 173 of 2015  •  16 Oct 2015  •  Kenya

Coram
Martha Karambu Koome, John Wycliffe Mwera, Philomena Mbete Mwilu

Judgement

RULING OF THE COURT

[1] Eng. Michael Kamau, the applicant herein, filed a constitutional petition before the High Court in which he challenged the constitutionality of a warrant of his arrest and the ensuing prosecution of a criminal nature before the magistrate’s court for charges of abuse of office. The applicant contended that the said prosecution was instituted in contravention of express provisions of Articles 79, as read together with Article 249 (2) of the Constitution and section 28 of the Ethics and Anti-Corruption Commission Act (hereinafter referred to as the Act); the Ethics and Anti- Corruption Commission (EACC) as constituted lacked locus to initiate, conduct and/or carry out investigations as the Commission was not legally constituted according to the provisions of Article 250 (1) of the Constitution and section 28 of the Act; allowing the applicant to be prosecuted on the basis of flawed recommendations was tantamount to sanctioning an illegality; the applicant therefor…

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