REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
(Coram: Mwilu, DCJ and VP, Ibrahim, Ojwang, Njoki, Lenaola SCJJ)
PETITION NO 15A OF 2016
BONIFACE KATANA KILAVERI............................................APPELLANT
AND
ETHICS and ANTI – CORRUPTION COMMISSION...1ST RESPONDENT
COMMISSIONER OF LAND.........................................2ND RESPONDENT
(Being an Appeal against, the Judgment of the Court of Appeal at Mombasa
(Okwengu, Mahkandia and Sichale JJA) in Civil Appeal No. 27of 2014,
delivered on 17thJuly, 2015)
RULING
A. INTRODUCTION
[1] The matter before this court is a petition of appeal dated 17th September, 2016 challenging the decision of the Court of Appeal delivered on the 17th of July 2015.
[2] That decision affirmed the High Court’s ruling in application ELC Number 218 of 2013 where the trial court found that the Ethics and Anti-corruption commission (EACC) had locus standi to properly file suit for the recovery and protection of public land in conformity with its powers and mandate e…