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Michael Sistu Mwaura Kamau v. Ethics & Anti-Corruption Commission, Director of Public Prosecutions, Attorney General, Inspector General, National Police Service & Chief Magistrate's Court, Milimani

(2017) JELR 99092 (CA)

Court of Appeal  •  Civil Appeal 102 of 2016  •  14 Jul 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellant Eng. Michael Sistu Mwaura Kamau, who at the material time was the Cabinet Secretary for Transport and Infrastructure, has lodged this appeal against part of the judgment and decree of the High Court dated 9th March 2016 in Petition No. 230 of 2015 as consolidated with Petition Nos. 203, 305 and 324, all of 2015. The facts leading to this appeal are not in dispute. On 26th March 2015, His Excellency President Uhuru Kenyatta gave the State of the Nation Address in Parliament in line with his constitutional obligation. In the address the President presented a report entitled „The current status of corruption matters under investigation to the Presidency? dated 20th March 2015. In that report, allegations of corruption were made against several named personalities, among them the appellant who were said to be under investigation by the 1st respondent, the Ethics and Anti-Corruption Commission (“the EACC”). Allegedly, in his address, the President directe…

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