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Peter Ayodo Omenda, Nicholus Karume Weke, Caleb Indiatsi Mbaye, Abraham Kipchirchir Saat, Michael Maingi Mbevi, Godwin Magae Mwawongo & Bruno Mugambi Linyuri v. Ethics & Anti-Corruption Commission, Director of Public Prosecution & Chief Magistrates Anti-Corruption Court

(2020) JELR 95244 (SC)

Supreme Court  •  Petition 40 of 2019  •  30 Apr 2020  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

RULING OF THE COURT

A. INTRODUCTION

[1] On 20th December 2016, the High Court, in judicial review proceedings instigated by the petitioners, granted an order prohibiting the respondents from prosecuting, sustaining, proceeding, hearing, conducting or in any manner dealing with or completing the hearing of the charges laid or proceedings conducted in the Anti-Corruption Case before the Chief Magistrates’ Court at Milimani Law Courts, Nairobi in so far as they related to the applicants. This judgment was set aside by the Court of Appeal following a successful appeal by the 1st respondent.

[2] Aggrieved by the Court of Appeal decision, the petitioners filed an appeal to this Court, as of right, under Article 163(4)(a) of the Constitution, against the whole decision of the appellate court raising alleged constitutional grievances. The appeal was filed on 29th October 2019.

[3] On 3rd December 2019, the 1st respondent filed a Notice of Preliminary Objection as to the competence of this appeal …

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