Tatu City Limited & another v Ethics & Anti-Corruption Commission & another [2018] KEELC 504 (KLR)
- Court
- Environment & Land Court
- Case number
- 504
- Citation
- [2018] KEELC 504 (KLR)
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
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