Republic v Ethics and Anti Corruption Commission; Patria Properties Limited & another (Exparte) (Judicial Review Miscellaneous Application E002 of 2021) [2022] KEELC 14803 (KLR) (11 November 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 14803
- Citation
- [2022] KEELC 14803 (KLR)
- Decided
- 11 November 2022
Summary at a glance
TypeJudicial Review Miscellaneous ApplicationPostureApplication for leave to file judicial review proceedingsCoramAE DENA, JV Odunga
The court allowed the filing of judicial review proceedings but granted an order of stay of investigations pending the hearing and determination of the judicial review proceedings.
Facts
The respondent (EACC) informed the applicants (Patria Properties Limited and others) of an inquiry and investigation on their acquisition of land parcels. A previous case over the same properties is pending in court.
Issues
- Whether the applicants met the threshold for granting the orders they sought
- Whether the EACC had the powers to summon the applicants for statement recording and provide documents
Reasoning
The court agreed with the applicants that judicial review is concerned with the decision-making process rather than the merits of the decision. The EACC had the power to conduct investigations and summon applicants for statement recording under the Ethics and Anti-Corruption Commission Act.
Outcome
Judicial review proceedings allowed, with an order of stay of investigations pending the hearing and determination of the judicial review.
Orders
- Order of certiorari issued quashing the EACC's decision to investigate the applicants
Authorities cited
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