Susan Mbogo Ng’ang’a v Attorney General (sued for and on behalf of the Chief Magistrate’s Court, Nyeri Law Courts) & 2 others [2018] KECA 46 (KLR)
- Court
- Court of Appeal
- Case number
- 46
- Citation
- [2018] KECA 46 (KLR)
The Court held that KACC did not have the power to prosecute under Section 35 of the ACECA and declined to acquit the appellant, ordering the termination of the three charges before the Magistrate's court.
Facts
The appellant, Susan Mbogo Ng’ang’a, was arrested and charged by the Kenya Anti-Corruption Commission (KACC) for soliciting a benefit under the Anti-Corruption and Economic Crimes Act (ACECA). She sought to stop the criminal proceedings and sought declarations and compensation.
Issues
- whether the Judge erred in refusing to uphold the appellant’s contention that her prosecution violated Section 35 of the ACECA
- whether the Judge erred in applying the Constitution of Kenya, 2010 to the matter
- whether the Judge erred in taking into account the conduct of the appellant
- whether the Judge erred in refusing to follow the decisions of this Court
- whether the Judge erred in awarding damages as prayed
Reasoning
The Court found that KACC must report its investigations to the Attorney-General and may recommend prosecution, but the Attorney-General retains the power to accept or reject the recommendation. The proper procedure was not followed in this case.
Outcome
Affirmed the High Court's judgement dismissing the petition.
Orders
- termination of the three charges before the Magistrate's court
Remedies
- termination of the three charges before the Magistrate's court
Authorities cited
Legislation (2)
- Anti-Corruption and Economic Crimes Act, No. 3 of 2003
- Ethics and Anti-Corruption Commission Act, No. 1 of 2011
Cases cited (1)
- Nicholas Muriuki Kangangi vs. AG [2011] eKLR
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