BONIFACE KATANA KALAVERI
V.
ETHICS & ANTI-CORRUPTION COMMISSION & ANOTHER

JUDGMENT OF THE COURT

The appellant BONIFACE KATANA KALAVERI, who was the applicant in ELC. Case No. 218 of 2013 being aggrieved by the decision of Mukunya, J delivered on 5^th June, 2015 filed this appeal.

The background to the appeal is that the Ethics and Anti-Corruption Commission (the 1^st respondent herein) filed ELC. Case No. 218 of 2013 against the appellant as well as the Commissioner of Lands (the 2^nd respondent herein). The 1^st respondent’s cause of action was premised on what it referred to as an illegal allocation to the appellant of Mombasa Block XLVIII/145 and Mombasa Block XLVIII/146 (hereinafter the suit properties). In the plaint the 1^st respondent averred that African Marine and General Engineering Company Limited (hereinafter the Company) was a grantee of a lease by the then Colonial and Protectorate Government of Kenya in respect of LR 1149/45/XLVIII for a term of 89 years with effect from 1^st January, 1960; that after Kenya’s Independence the said parcel of land was …