Kiambaa & 3 others v Ethics and Anti-Corruption Commission & 2 others; Equity Bank Limited & another (Interested Parties) (Civil Appeal 187 of 2018) [2024] KECA 94 (KLR) (9 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 94
- Citation
- [2024] KECA 94 (KLR)
- Decided
- 9 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
Typecivil appealPostureappeal from the High Court judgmentCoramDr. K. I. Laibuta, Ali-Aroni, J. Mativo
Holding
The appeal is dismissed with costs to the respondents.
Facts
The appellants Jimmy Mutuku Kiamba, Tracy Mbuya Mbuyau, Jimbise Limited, and Muthaiga Green Acres Limited filed an appeal against the High Court judgment in ACECA PETITION NO. 7 OF 2017.
Issues
- whether the requirement to explain the source of disproportionate assets violates the right to property under Article 40 of the Constitution
- constitutionality of Sections 55 and 56 of the ACECA
Reasoning
The court found that the provisions of Sections 26 and 55(2) of the ACECA do not violate the right to property as enshrined in Article 40 of the Constitution. The court also found that the requirement to explain the source of disproportionate assets is not unconstitutional.
Outcome
dismissed
Orders
- dismissal of the appeal with costs to the respondents
Authorities cited
Legislation (2)
- Ethics and Anti-Corruption Commission (EACC) Act, No.22 of 2011
- Anti- Corruption and Economic Crimes Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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