[2025] KECA 983 (KLR)
The Court of Appeal held that the appellant is entitled to pursue a private action for compensation under Sections 51 and 53 of the Anti-Corruption and Economic Crimes Act without first obtaining a conviction against the respondents. The court reasoned that the statutory provisions do not make a prior conviction a...
Source-derived case information.
- Citation
- [2025] KECA 983 (KLR)
- Parties
- Appellant: The Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital; Respondent: Dr. John Muriithi; Respondent: Quality Hospitality Solutions Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 231 of 2019
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal partially allowed; cross-appeal dismissed; each party to bear its own costs.
- Judges
- F Tuiyott, JW Lessit, GWN Macharia
- Legal Topics
- Private Action for Compensation, Anti Corruption Legislation, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital
Appellant
Dr. John Muriithi
Respondent
Quality Hospitality Solutions Limited
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant can pursue a private action for compensation under the Anti-Corruption and Economic Crimes Act without a prior conviction against the respondents.
- 2 Whether the notice of grounds for affirming the decision filed by the 2nd respondent was properly before the court.
Ratio Decidendi
The Court of Appeal held that the appellant is entitled to pursue a private action for compensation under Sections 51 and 53 of the Anti-Corruption and Economic Crimes Act without first obtaining a conviction against the respondents. The court reasoned that the statutory provisions do not make a prior conviction a condition precedent for instituting such a civil claim. However, the proper forum for such an action is the Civil Division of the High Court at Nairobi, not the Anti-Corruption and Economic Crimes Division. The court also found that the 2nd respondent's notice of grounds for affirming the decision was filed out of time and was therefore not properly before the court, and...
Court Disposition
Appeal partially allowed; cross-appeal dismissed; each party to bear its own costs.
Orders
- The appellant may pursue a private action for compensation under Sections 51 and 53 of the Anti-Corruption and Economic Crimes Act without a prior conviction, but only at the Civil Division of the High Court at Nairobi.
- The 2nd respondent's notice of grounds for affirming the decision filed on 22nd April 2024 is struck out.
Full Case Text
Judgment text and source record
23 paragraphs
Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital v Muriithi & another (Civil Appeal 231 of 2019) [2025] KECA 983 (KLR) (30 May 2025) (Judgment)
Neutral citation: [2025] KECA 983 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal 231 of 2019
F Tuiyott, JW Lessit & GWN Macharia, JJA
May 30, 2025
Between
The Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital
Appellant
and
Dr. John Muriithi
1st Respondent
Quality Hospitality Solutions Limited
2nd Respondent
(Being an appeal from the Ruling and Order of the High Court of Kenya at Nairobi (J. N. Onyiego, J.) dated 8th November 2018inH.C. ACEC. 3 OF 2018)
Judgment
1. This matter was heard with Civil Appeal No. 20 of 2019 The Registered Trustees of The Sisters of Mercy (Kenya) T/A Mater Misericodiare Hospital vs Dr. John Muriithi & 5 Others (No 20 of 2019) as the two matters raise similar issues of fact and law.
2. In the presence of learned counsel representing the parties herein:Mr. Ngugi for the appellant, Mr. Odede for the 1st respondent, Mr Gachuba for the 2nd respondent and Mr. Mwangi for the 3rd respondent, the Court informed counsel and parties that it would at the point of preparing the judgment/s decide whether to render two substantive judgments or whether one judgment would abide the outcome of the other. Having keenly reviewed the facts, law and submissions in this matter, we have come to a decision that the two matters are so similar, and that the latter option saves on judicial time and energy.
3. A second issue concerns the fate of the notice of grounds for affirming the decision dated 21st April 2024 and filed on 22nd April 2024 by the 2nd respondent. At plenary hearing of the appeal, we pointed out to counsel Gachuba that the notice was filed out of time, in breach of the provisions of rule 96(2) of the Court of Appeal Rules, 2022, as it was filed on the very day of the hearing. We implored counsel to abandon the notice. While counsel conceded the lateness, he ploughed on to argue the issue of res judicata raised in the notice. We now make the order that the notice of grounds for affirming the decision filed on 22nd April, 2024 is hereby struck out and the ground raised therein is not properly before us.
4. By parity of the reasons given in the judgment in No. 20 of 2019 delivered on 22nd November 2024, the appeal partially succeeds to the extent that the appellant can pursue a private action for compensation pursuant to Sections 51 and 53 of the Anti- corruption and Economic Crimes Act without first obtaining a conviction against the respondents, but at the Civil Division of the High Court at Nairobi. The cross-appeal fails in its entirety. Each party to bear its own costs on both the appeal and the cross-appeal.
5. This judgment should have been made at the time of delivery of the judgment in Civil Appeal No. 20 of 2019, but this did not happen. We apologise to parties for the unintentional failure.
DATED AND DELIVERED AT NAIROBI THIS 30TH DAY OF MAY 2025. F. TUIYOTTJUDGE OF APPEAL.........................................J. LESIITJUDGE OF APPEAL.........................................F. W. NGENYE-MACHARIAJUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR.