Republic v Ethics and Anti-Corruption Commission of Kenya & another ex parte Nippon Korea Investments Kenya Ltd [2016] KEHC 5331 (KLR)
- Court
- High Court of Kenya
- Case number
- 5331
- Citation
- [2016] KEHC 5331 (KLR)
- Decided
- 10 May 2016
No mandamus order is granted as the Respondent has the constitutional and statutory power to monitor public bodies and ensure the protection of public property.
Facts
The Applicant, Nippon Korea Investments Kenya Ltd, sought an order of mandamus compelling the Respondent, Ethics and Anti-Corruption Commission of Kenya, to release 20 motor vehicles to the Applicant. The Respondent opposed the application.
Issues
- Unreasonableness of seizure decision
- Abuse of power
- Contravention of law and public policy
- Arbitrariness of decision
- Discriminatory nature of decision
Reasoning
The Respondent has the authority to investigate and monitor public bodies, including the Kenya Revenue Authority, to detect corrupt practices and secure revisions of work methods conducive to corruption. The Applicant's claim of unreasonableness and abuse of power is not supported by the law.
Outcome
The application for mandamus is dismissed.
Authorities cited
Legislation (3)
- Constitution of Kenya, 2010
- Ethics and Anti-Corruption Act
- Standards Act
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