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Tatu City Limited & another v Ethics & Anti-Corruption Commission & another [2018] KEELC 504 (KLR)

[2018] KEELC 504 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
504
Citation
[2018] KEELC 504 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeJudicial ReviewPostureNotice of MotionCoramL. GACHERU
The Court allows the Notice of Motion and directs the Applicants to file the substantive Judicial Review application within 21 days at the Anti-Corruption & Economic Crimes Division of the High Court, Nairobi.

Facts

The Applicants sought leave to bring a Judicial Review application against the Ethics and Anti-Corruption Commission (EACC) regarding investigations into tax evasion and money laundering allegations involving several properties.

Issues

  • Jurisdiction of the Environment and Land Court to place caveats on properties
  • Power of the Court to make necessary orders for the end of justice in criminal investigations

Reasoning

The Court has jurisdiction to place caveats on properties and the power to make necessary orders for the end of justice in criminal investigations.

Outcome

The Notice of Motion is allowed with costs and the matter is transferred to the Anti-Corruption & Economic Crimes Division of the High Court, Nairobi.

Orders

  • Stay of implementation of the letter dated 30th September 2018
  • Stay of requisition of original documents in terms of the letter dated 24th September 2018
  • Stay of requisition of original documents in terms of the letter dated 2nd November 2018
  • Allowance of the Notice of Motion with costs
  • Matter to be mentioned on 23rd January 2019 before the Presiding Judge of the Anti-Corruption & Economic Crimes Division of the High Court, Nairobi for further orders

Remedies

  • Allowance of the Notice of Motion with costs
  • Stay of implementation of the letter dated 30th September 2018
  • Stay of requisition of original documents in terms of the letter dated 24th September 2018
  • Stay of requisition of original documents in terms of the letter dated 2nd November 2018
  • Matter to be mentioned on 23rd January 2019 before the Presiding Judge of the Anti-Corruption & Economic Crimes Division of the High Court, Nairobi for further orders

Authorities cited

Legislation (1)
  • Civil Procedure Act
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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