JUDGMENT
A. Introduction
Before this court are two Petitions, Nos 30 and 31 of 2019 dated July 30, 2019 and July 31, 2019 respectively. The appeals are brought pursuant to article 163(4)(a) of the Constitution, section 15(2) of the Supreme Court Act, 2011 and rules 9(1) and 33(2) of the Supreme Court Rules, 2012 (now repealed). They challenge in part the judgment and orders of the Court of Appeal (Nambuye, Kiage & Kantai, JJA) in Civil Appeal No 109 of 2016, consolidated with Civil Appeal No 103 of 2016. By an order of this court issued on September 21, 2021 the appeals were consolidated with Petition No 30 of 2019 as the lead file.
B. Background
i. At the High Court
A complaint was lodged before the 1st appellant, the Ethics and Anti- Corruption Commission (EACC) alleging Kshs 280 million had been fictitiously paid into the 1st respondent’s advocate-client bank account by Mumias Sugar Company Limited. Based on this allegation, the 1st appellant filed ex-parte CMC Misc. Criminal Applicatio…