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ERNST & YOUNG LLP
V.
CAPITAL MARKETS AUTHORITY & ANOR

(2022) JELR 113439 (CA)

Court of Appeal 4 Feb 2022 Kenya
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- The appellant, Ernst & Young LLP, filed a constitutional petition and subsequent appeal alleging violations of its rights to fair administrative action (Article 47, Constitution of Kenya; Section 4(3), Fair Administrative Action Act 2015)

Case Details

Suit Number:Civil Appeal 92 of 2017
Judges:HM OKWENGU, JA F SICHALE, JA KI LAIBUTA, JA
Location:Nairobi

JUDGMENT

  1. Ernst & Young LLP (the appellant herein) has filed this appeal against the judgment of Mativo, J dated 7th March 2017.

  2. The appeal stems from a Constitutional Petition that had been filed at the High Court in Nairobi on 15th September 2016 by the appellant, seeking 14 declarations/orders as against the 1st respondent.

  3. The Petition was heard by Mativo, J. who in a judgment delivered on 7th March 2017, declined to grant any of the reliefs sought in the Petition holding inter alia:

    “As stated above, I find that the petitioner moved to court rather too early acting on apprehension, but as at that point in time, I find that the steps already taken by the 1st respondent are in conformity with the law and no breach of a fundamental right or threat had taken place or has been sufficiently proved. However, for avoidance of doubt, I declare that the first petitioner in the performance of its functions under the provisions of the Act is required to observe and accord persons under investigat…

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