Stanley Mombo Amuti v Kenya Anti-Corruption Commission [2019] KECA 783 (KLR)
- Court
- Court of Appeal
- Case number
- 783
- Citation
- [2019] KECA 783 (KLR)
The court upheld the validity of the Originating Summons and the Notice, finding that the 10-month period from September 2007 to June 2008 was within the 16-year timeline of 1992 to June 2008 stated in the Notice. The court also found that the judge correctly identified the period of investigation as September 2007 to June 2008.
Facts
The appellant Stanley Mombo Amuti was served with a Notice dated 9th July 2008 requiring him to furnish a written statement of the properties acquired between 1992 and June 2008. The Originating Summons (OS) filed by the respondent Kenya Anti-Corruption Commission (KACC) on 19th September 2008 related to a period of 10 months from September 2007 to June 2008.
Issues
- Validity of the Originating Summons and the Notice
- Period of investigation
- Forfeiture of properties not enumerated in the Notice
Reasoning
The court examined both the Notice and the Originating Summons, noting that the 10-month period was within the 16-year timeline and that the Originating Summons identified the period under investigation as September 2007 to June 2008. The court also ruled that the judge correctly ordered the forfeiture of properties not enumerated in the Notice.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Anti-Corruption and Economic Crimes Act of 2003
- Section 26 of the Anti-Corruption and Economic Crimes Act
Cases cited (1)
- Abok James Odera t/a A. J Odera & Associates -v- John Patrick Machira t/a Machira & Co. Advocates [2013] eKLR
Loading judgment…