Kenya Anti-Corruption Commission v Nedermar Technology BV Limited (Civil Appeal 304 of 2009 & 11 of 2010 (Consolidated)) [2017] KECA 1 (KLR) (24 March 2017) (Judgment)

Facts

The Kenya Anti-Corruption Commission (1st Appellant) sought to seize the passports of two directors (Respondents) of Nedermar Technology BV Limited, alleging they were involved in corruption. The Respondent filed a petition seeking protection from the 1st Appellant's actions, which included seizing assets and instructing the Ministry of Finance not to pay the Respondent for work done under a contract with the Government of Kenya.

Issues

1. Whether the seizure of passports and assets was unconstitutional
2. Whether criminal investigations and courts have no business in arbitral disputes
3. Whether criminal courts are not competent to uphold party autonomy in arbitral processes
4. Whether criminal courts can determine civil rights and obligations
5. Whether the 1st Appellant was infringing the Respondent's rights to protection, property, and contractual benefits
6. Whether the 1st Appellant was infringing the Respondent's right to freely associate
7. Whether the 1st Appellant's actions were in violation of national security

Reasoning

The Court held that the 1st Appellant was bound by the opinion of the 2nd Appellant (Attorney General) and that the 1st Appellant's actions were within the parameters of the law. The Court found that matters of national security are subject to strict confidentiality and that the 1st Appellant was not independent of the Government.

Outcome

Appeal dismissed with costs to the Respondent.