JUDGMENT OF THE COURT
This is an appeal against the Judgment of the High Court declining to grant orders of certiorari and prohibition to stop the criminal prosecution of the appellant, Mr. George Wambua. The relevant law in this appeal was the law prior to the promulgation of the 2010 Constitution. At all material times in the suit, Mr. George Wambua was the treasurer of the Mombasa Municipal Council. On 22nd January 2003, he was directed by the Permanent Secretary to the then Ministry of Local Government to proceed to the then City Council of Nairobi to perform the duties of City Treasurer in an acting capacity. In 2004, he was called by officers of the 1st Respondent, the then Kenyan Anti-Corruption Commission and interviewed in relation to payment of per diem allowances made to Councilors of the City Council of Nairobi and council officers for an official study tour made to Egypt and Italy. The study tour was organized and funded by Jacorrosi Impresse SPA for purposes of familiariz…