[2025] KEHC 3342 (KLR)
The court declined to consider the merits of the application for leave to institute judicial review proceedings on the basis that it lacked jurisdiction to entertain the matter. The judge held that the appropriate forum for ventilating grievances relating to demands and investigations by the EACC concerning alleged...
Source-derived case information.
- Citation
- [2025] KEHC 3342 (KLR)
- Parties
- Applicant: Richard Mogoko; Respondent: Ethics And Anti-Corruption Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E030 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Leave Application
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Leave to Apply, Prohibition Orders, Certiorari, Jurisdiction, Anti Corruption Investigations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Mogoko
Applicant
Ethics And Anti-Corruption Commission
Respondent
Procedural Posture
Judicial Review Application / Ruling on Leave Application
Legal Issues
- 1 Whether the High Court (Judicial Review Division) has jurisdiction to entertain an application challenging a demand and investigation by the EACC relating to alleged illegal payments by a public officer.
- 2 Whether leave to institute judicial review proceedings for orders of prohibition and certiorari should be granted against the EACC in the circumstances presented.
- 3 Whether the applicant should be directed to pursue his grievances before the Anti-Corruption and Economic Crimes Court.
Ratio Decidendi
The court declined to consider the merits of the application for leave to institute judicial review proceedings on the basis that it lacked jurisdiction to entertain the matter. The judge held that the appropriate forum for ventilating grievances relating to demands and investigations by the EACC concerning alleged loss of public funds through procurement processes is the Anti-Corruption and Economic Crimes Court. As such, the application was struck out, and the applicant was directed to pursue his case before the proper forum. The court emphasized that judicial review is not available where a specialized court with statutory jurisdiction exists to address the dispute.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application dated 19/3/2025 is struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Mogoko v Ethics and Anti-Corruption Commission (Judicial Review Application E030 of 2025) [2025] KEHC 3342 (KLR) (Judicial Review) (19 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3342 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E030 of 2025
RE Aburili, J
March 19, 2025
Between
Richard Mogoko
Applicant
and
Ethics And Anti-Corruption Commission
Respondent
Ruling
1. The Chamber Summons dated 19/3/2025 seeks leave of this court to institute Judicial Review proceedings against the Ethics and Anti-corruption Commission (EACC) for orders of prohibition to prohibit the Respondent EACC from instituting legal proceedings against the Exparte Applicant demanding from him the sum of Kshs.101,229,051. 75/- being illegal payments authorized by the applicant Richard Mogoko on behalf of Nairobi City County Government to unqualified suppliers for goods and services not delivered. The demand is dated 10/3/2025.
2. The applicant also seeks leave to apply for certiorari to bring into this court for purposes of quashing and to quash the demand for the said amount and to quash investigations by the Respondent with regard to the said alleged loss of Kshs. 101,229,051. 75 as indicated in the demand dated 10/3/2025, and that leave granted do operate as stay of implementation of the demand. He also seeks for costs.
3. The grounds in support are on the face of the application which is also supported by the affidavit sworn by Richard Mogoko, the statement of facts and annextures.
4. Without delving into the merits of the application, I observe that this is a matter wherein the Ethics and Anti-corruption Commission is investigating the alleged loss of the sums of money through procurement process at the Nairobi City County Government and the EACC demanded from the applicant the stated sums of money and therefore the court that has jurisdiction to hear and determine such claims, including any claim that may be lodged by EACC for forfeiture or preservation of assets for purposes of recovery, is the Anti-corruption and Economic Crimes Court of the High Court.
5. In the premises, I decline to consider the merits of the application for leave to apply dated 19/3/2025.
6. The application dated 10/3/2025 is struck out with no orders as to costs. The applicant to file his case before the right forum for ventilation of his grievances.
7. Accordingly, the application is not certified urgent.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 19TH DAY OF MARCH, 2025R.E. ABURILIJUDGE