BONIFACE KATANA KILAVERI
V.
ETHICS & ANTI €“ CORRUPTION COMMISSION & COMMISSIONER OF LAND

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...1^ST RESPONDENT

COMMISSIONER OF LAND.........................................2^ND 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 17^thJuly, 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 17^th 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…