NORTHERN CONSTRUCTION COMPANY LIMITED V. ATTORNEY GENERAL, KENYA ANTI CORRUPTION COMMISSION, CHIEF MAGISTRATE'S COURT, MAKADARA & MOHAMED KORIOW NUR

RULING OF THE COURT

This is an application under rule 5 (2) (b) of the Court of Appeal rules for an order:

“(a) ........................

(b) That all proceedings in Nairobi High Court Miscellaneous Civil Application Number 800 of 2007 subsequent to the ruling and orders made on 20^th November, 2007 be stayed pending the hearing and determination of the applicant’s appeal against the said decision and orders”.

The background to the application is briefly as follows: Sometime in the year 2007, the Kenya Anti-Corruption Commission (KACC) started investigations into an alleged illegal allocation of L.R. No. 209/16441 allegedly belonging to Race Course Primary School by the Commissioner of Lands to Dakane Abdulahi Ali, a director of the applicant (Allotee). In the course of investigations KACC alleged that Mohamed Koriow Nur, (4^th respondent), also a director of the applicant company gave various monies to Jeremiah Buchianga, an investigator with KACC on 14^th and 15^th March, 2007 as an induceme…