Patrick Ochieno Abachi & 4 others v Ethics & Anti-corruption Commission & 2 others
The bottom line
#The Court of Appeal paused the forfeiture of assets the High Court found unexplained, protecting the family home and funds until the full appeal is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal is arguable
The applicants demonstrated an arguable appeal; a single arguable ground suffices and need not be one that will succeed.
The court reviewed the six grounds of appeal, including the construction of Section 55 of the Anti-Corruption and Economic Crimes Act and alleged denial of fair hearing under Article 50. Applying the settled standard, it found the grounds raised fundamental and cogent questions sufficient to meet the arguability limb without deciding their merits.
Whether the appeal would be rendered nugatory absent stay
Yes. Sale of the assets, including the family home and funds, to third parties would make reversal difficult and destroy the substratum of the appeal and cross-appeals.
Execution by public auction was imminent; registration of the properties in third parties' names would make reversal difficult. The 1st respondent had registered caveats over the assets, so it would suffer no prejudice waiting until the appeal is determined. Cross-appeals by the 2nd and 3rd respondents also impugned the same judgment, reinforcing the need to preserve the substratum.
Legal principles established
#- An applicant under Rule 5(2)(b) must satisfy both limbs: an arguable appeal and that the appeal will be rendered nugatory absent stay.
- Both limbs must be demonstrated; demonstrating only one is insufficient.
Court orders
#- 1.Stay of execution of the judgment and decree of the High Court dated 10th May 2021 pending the hearing and determination of the appeal
- 2.Costs of the application to be in the appeal
- On appeal from
- High Court of Kenya
- Not stated in the judgment
- Jurisdiction invoked
- Sections 3A, 3B and 5 of the Appellate Jurisdiction Act and Rules 5(2)(b), 41, 42, 43 and 47 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patrick Ochieno Abachi & 4 others v Ethics & Anti-corruption Commission & 2 others", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/110/eng@2021-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.