Maurice Milimu Amahwa v Ethics & Anti-Corruption Commission [2017] KEHC 2428 (KLR)
- Court
- High Court of Kenya
- Case number
- 2428
- Citation
- [2017] KEHC 2428 (KLR)
- Decided
- 3 November 2017
The court denied the Petitioner's application for conservatory orders, finding that the evidence did not satisfy the court that there were exceptional circumstances warranting interference, and that the Respondent had not acted in contravention of the Constitution.
Facts
The Petitioner, Maurice Milimu Amahwa, sought conservatory orders prohibiting the Ethics & Anti-Corruption Commission (EACC) from commencing any civil or criminal proceedings for the recovery of Kshs. 70,000,000, claiming that EACC knew where the money was kept and that the proceedings would violate his rights under Articles 10, 27, 28, 29, 31, 40, 47, and 50 of the Constitution.
Issues
- Whether the constitutional rights and freedoms of the Petitioner have been violated
- Whether the conservatory orders sought by the Petitioner should be granted
Reasoning
The court applied the criteria set out in previous cases, including Michael Osundwa Sakwa v Chief Justice and President of the Supreme Court of Kenya & another [2016] eKLR, and found that the Petitioner had not demonstrated exceptional circumstances or that the Respondent had acted in contravention of the Constitution.
Outcome
The court denied the Petitioner's application for conservatory orders.
Authorities cited
Legislation (4)
- Constitution of Kenya, 2010
- Article 20, 22, 23, 159, 165 and 258 of the Constitution of Kenya
- Article 27, 28, 29, 31, 40, 47 and 50 of the Constitution of Kenya
- Article 3 and 10 of the Constitution of Kenya
Cases cited (7)
- Michael Osundwa Sakwa v Chief Justice and President of the Supreme Court of Kenya & another [2016] eKLR
- Centre for Rights Education and Awareness (CREAW) & 7 Others vs Attorney General Petition No. 16 of 2011
- Gatirau Peter Munya vs Dickson Mwenda Githinji & 2 Others SCK Petition No. 2 of 2013
- Meixner & Another v Attorney General [2005] 2 KLR
- Paul Nganga & 2 Others v Attorney General & 3 Others [2013] eKLR
- Total Kenya Limited & 9 Others v the Director of Criminal Investigations Department & 3 Others [2013] eKLR
- Francis Mbugua v Commissioner of Police and 2 Others [2013] eKLR
Loading judgment…