[2018] KEELC 2467 (KLR)
The court found that the prohibitory orders issued on 24.5.2017 and extended on 23.11.2017 had lapsed as of 24.5.2018, and thus were spent. Since the statutory period for the orders had expired and no further extension was sought or granted, there was no legal basis for the orders to remain in force. The respondent...
Source-derived case information.
- Citation
- [2018] KEELC 2467 (KLR)
- Parties
- Applicant: Ethics & Anti-Corruption Commission (EACC); Respondent: Peter Mareteh Muginga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 14 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Discharge Prohibitory Orders
- Outcome
- application allowed; prohibitory orders discharged
- Legal Topics
- Prohibitory Orders, Anti Corruption Proceedings, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ethics & Anti-Corruption Commission (EACC)
Applicant
Peter Mareteh Muginga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Discharge Prohibitory Orders
Legal Issues
- 1 Whether the prohibitory orders issued on 24.5.2017 and extended on 23.11.2017 should be discharged as spent.
- 2 Whether the respondent is entitled to variation or discharge of the orders under section 56 of the Anti-Corruption and Economic Crimes Act.
Ratio Decidendi
The court found that the prohibitory orders issued on 24.5.2017 and extended on 23.11.2017 had lapsed as of 24.5.2018, and thus were spent. Since the statutory period for the orders had expired and no further extension was sought or granted, there was no legal basis for the orders to remain in force. The respondent was entitled to seek discharge of the orders, and the court accordingly declared them spent and discharged. Each party was ordered to bear their own costs.
Court Disposition
application allowed; prohibitory orders discharged
Orders
- The orders given on 24.5.2017 are declared as spent and hence discharged.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 14 OF 2017
IN THE MATTER OF: THE ANTI-CORRUPTION AND ECONOMIC ACT NO. 3 OF 2003
AND
IN THE MATTER OF: AN APPLICATION BY THE ETHICS AND ANTI-CORRUPTION COMMISSION FOR AN ORDER UNDER SECTION 56 OF THE ANTI-CORRUPTION AND ECONOMIC CRIMES ACT NO. 3 OF 2003 TO PROHIBIT THE TRANSFER OR DISPOSAL OF OR OTHER DEALINGS (HOWSOEVER DESCRIBED) WITH THE MERU PLOT NO. T/183 HOUSING GOVERNMENT HOUSE NUMBER HG/2-MILIMANI ESTATE
ETHICS & ANTI-CORRUPTION
COMMISSION (EACC) ...............................................................APPLICANT
VERSUS
PETER MARETEH MUGINGA.............................................RESPONDENT
AMENDED NOTICE OF MOTION
(SECTION 56 (4) OF THE ANTI-CORRUPTION & ECONOMIC CRIMES ACT NO. 3 OF 2003
RULING
1. The application by respondent in this suit is dated 9. 8.2017 and was amended on 23. 12. 2017. It seeks to have orders of the court given on 24. 5.2017 and extended on 23. 11. 2017 discharged.
2. The application was canvassed by way of written submissions. I have considered the arguments raised herein and the rival submissions.
3. Under section 56 of ACECA the applicant in the suit (EACC) has a mandate to apply for the orders akin to the ones issued on 24. 5.2017. A respondent affected by such orders is also at liberty to apply for variation of such orders or discharge of the same.
4. I however find that the orders are now spent as even the six months period of extension given on 23. 11. 2017 has since lapsed on 24. 5.2018. The orders of 24. 5.2017 should therefore not remain in force
5. In the circumstances the court makes the following orders:
(i) The orders given on 24. 5.2017 are declared as spent and hence discharged.
(ii) Each party to bear their own costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 18TH DAY OF JULY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Mutunga holding brief for Gitonga for respondent
HON. LUCY. N. MBUGUA
ELC JUDGE