Republic v Ethics and Anti-Corruption Commission & 2 others Ex-parte Erastus Gatebe [2016] KEHC 2457 (KLR)
- Court
- High Court of Kenya
- Case number
- 2457
- Citation
- [2016] KEHC 2457 (KLR)
- Decided
- 1 November 2016
The Court finds the EACC's decision to recommend disciplinary action against Gatebe was procedurally unfair and quashed it. The Court also finds the EACC's subsequent letter asking Gatebe to show cause for disciplinary action is not contempt of court.
Facts
The Ethics and Anti-Corruption Commission (EACC) recommended disciplinary action against Erastus Gatebe for earning a double salary from Jomo Kenyatta University of Agriculture and Technology (JKUAT) and KIRDI. Gatebe contested the recommendation, claiming the investigation was conducted without his involvement.
Issues
- Whether the EACC's decision to recommend disciplinary action against Gatebe was procedurally fair.
- Whether the EACC's subsequent letter asking Gatebe to show cause for disciplinary action is contempt of court.
Reasoning
The Court held that the EACC's investigation was not conducted in accordance with the rules of natural justice, leading to the quashing of the decision. The Court also ruled that the subsequent letter was not contemptuous as it was based on new facts.
Outcome
The Chamber Summons is dismissed with costs awarded to the 3rd Respondent.
Orders
- The findings and decision of the 1st Respondent (EACC) are quashed.
- The 3rd Respondent (EACC) is prohibited from proceeding with disciplinary action against the Ex parte Applicant (Gatebe) on account of the findings and decision of the 1st Respondent.
Remedies
- Costs awarded to the 3rd Respondent.
Authorities cited
Legislation (3)
- Public Officer Ethics Act
- Leadership and Integrity Act
- Ethics and Anti-Corruption Act, 2011
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