JUDGMENT OF THE COURT
This appeal was heard back-to-back with Civil Appeal No. 102 of 2016, Eng. Michael Sistu Mwaura Kamau v. Ethics and Anti-Corruption Commission and 4 Others. The constitutional petitions in the High Court that gave rise to the two appeals were consolidated and heard together. After the appellant in this appeal, Charity Kaluki Ngilu and the appellant in Civil Appeal No. 102 of 2016, Eng. Michael Sistu Mwaura Kamau were aggrieved by the judgment of the High Court, they filed separate appeals in this Court. Although arising from closely related set of facts, the two appeals were not consolidated because this appeal was withdrawn by consent pursuant to an order made on 6th March 2017, leaving for hearing and determination only a cross-appeal that was filed by the 1st respondent, the Ethics and Anti-Corruption Commission (the EACC). This judgment is therefore confined to that cross-appeal.
By way of brief background, the appellant was at the material time the Cabinet Sec…