[2025] KEHC 2492 (KLR)
The court found that the central issue was the reasonableness of the timeframes for supplying information as requested by the respondent. Upon engagement with both parties, a compromise was reached granting the petitioner 21 days to supply the required information and documents. The court held that this extension...
Source-derived case information.
- Citation
- [2025] KEHC 2492 (KLR)
- Parties
- Applicant: County Government of Bomet; Respondent: Ethics & Anti-Corruption Commission
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Petition E001 of 2025
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition compromised and marked as spent
- Judges
- JK Ng'arng'ar
- Legal Topics
- Right to Information, Administrative Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
County Government of Bomet
Applicant
Ethics & Anti-Corruption Commission
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the petitioner is entitled to an extension of time to supply information and documents requested by the respondent.
- 2 Whether interim protection from arrest should be granted pending completion of investigations.
Ratio Decidendi
The court found that the central issue was the reasonableness of the timeframes for supplying information as requested by the respondent. Upon engagement with both parties, a compromise was reached granting the petitioner 21 days to supply the required information and documents. The court held that this extension was reasonable in the circumstances and would not prejudice the respondent's investigations. Further, the court ordered that no arrests should be effected during the 21-day period, balancing the need to protect the petitioner from undue prejudice while allowing the respondent to complete its investigations. The petition was thus marked as spent and closed by consent, with no...
Court Disposition
petition compromised and marked as spent
Orders
- The petitioner is granted 21 days to supply the information and documents sought by the respondent's letters dated 30th January, 2025 and 7th February, 2025.
- No arrests shall be effected during the 21-day period pending completion of investigations by the respondent.
Full Case Text
Judgment text and source record
26 paragraphs
County Government of Bomet v Ethics & Anti-Corruption Commission (Petition E001 of 2025) [2025] KEHC 2492 (KLR) (18 February 2025) (Judgment)
Neutral citation: [2025] KEHC 2492 (KLR)
Republic of Kenya
In the High Court at Bomet
Petition E001 of 2025
JK Ng'arng'ar, J
February 18, 2025
Between
The County Government of Bomet
Petitioner
and
The Ethics & Anti-Corruption Commission
Respondent
Judgment
1. This Petition was filed on 13th February, 2025 by the Petitioner seeking various prayers as enumerated in the Petition dated 13th February, 2025.
2. There is also a Notice of Motion application dated 13th February, 2025 seeking similar prayers though in the interim.
3. Upon perusing the Petition and the application the only issue revolves around the extension of time to supply information or documents to the respondent.
4. This is as requested vide the letters dated 30th January, 2025 and 7th February, 2025 by the Respondent.
5. The Respondent sought the information within 3 days but the Petitioner/Applicant sought 14 and 21 days respectively.
6. The Respondent filed Grounds of Opposition dated 14th February, 2025 to the application which they opposed extension of time and the Petition together with the application.
7. Upon perusal of the Petition and Application and further engaging the parties the issue in contention was resolved on the sport by way of compromise.
8. The upshot of this is that the Petition herein is compromised on the following terms; 1. That the Petitioner is granted 21 days to supply the information sought and the documents vide the Respondents’ letters dated 30th January, 2025 and 7th February, 2025 to the respondent.
2. That during the intervening period of the 21 days granted in (1) above there will be no arrests until investigations are completed by the respondents.
3. That consequently, the Petition herein is marked as spent and hence closed with no orders as to costs.
Orders accordingly
JUDGEMENT DELIVERED, DATED AND SIGNED AT BOMET THIS 18THDAY OF FEBRUARY, 2025. .................................HON. JULIUS K. NG’ARNG’ARJUDGEJudgement delivered in the presence of Mr. Makori for the Respondents, Mr. Matwere for the Petitioner and Siele/Susan (Court Assistants)