Moses Muteithia & 5 others v Jacob Muthomi Kirera & 4 others [2017] KEHC 2401 (KLR)
- Court
- High Court of Kenya
- Case number
- 2401
- Citation
- [2017] KEHC 2401 (KLR)
- Decided
- 31 October 2017
The 1st Respondent was a public officer and was subject to suspension under Section 62 of the Anti-Corruption and Economic Crimes Act, 2003. The 2nd and 5th Respondents had a statutory obligation to suspend the 1st Respondent at half pay pending the conclusion of the criminal case.
Facts
The 1st Respondent was charged with corruption and economic crimes on 15th July 2016. The 2nd and 5th Respondents are the employer and Ethics and Anti-Corruption Commission (EACC) respectively.
Issues
- Whether the 1st Respondent was subject to suspension under Article 260 of the Constitution and Section 62 of the Anti-Corruption and Economic Crimes Act, 2003.
- Whether the 2nd and 5th Respondents had a statutory obligation to suspend the 1st Respondent at half pay pending the conclusion of the criminal case.
Reasoning
The suspension was a permissible act within the Constitution and other laws dealing with integrity, and did not violate the right to be presumed innocent until proven guilty.
Outcome
The 1st Respondent was not suspended at half pay as the 2nd and 5th Respondents did not deny the allegations and did not suspend the 1st Respondent.
Authorities cited
Legislation (4)
- Article 260 of the Constitution of Kenya 2010
- Section 62 of the Anti-Corruption and Economic Crimes Act, 2003
- Section 2 of the Public Officer Ethics Act 2003
- Section 3 of the Interpretation and General Provisions Act
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