Ethics & Anti-corruption Commission v Pamela Aboo & 1 other
The bottom line
#Kenya's Court of Appeal has cleared the way for the Supreme Court to decide how courts treat unexplained wealth in civil asset forfeiture cases.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeals raise matters of general public importance
Yes. The issues concern the correct interpretation and application of statutes dealing with clandestine offences such as corruption, economic crimes and money laundering, transcend the parties, and bear significantly on the public interest; the Court also noted divided opinion within the Court of Appeal on the correct interpretation of the relevant statute.
The Court applied the Supreme Court's test in Hermanus Phillipus Steyn v. Giovanni Gnecchi-Ruscone, requiring that the issues transcend the case, involve a substantial point of law with significant bearing on public interest, and not rest on apprehended miscarriage of justice or contested facts. It found the intended appeal raises how to balance individual rights with the detection and prosecution of organised crime under relatively new legislation informed by an international convention.
Legal principles established
#- A certificate under Article 163(4)(b) is granted where the issues raised in the intended appeal transcend the circumstances of the particular case and have a significant bearing on the public interest; the Supreme Court was not designed to correct routine perceived errors of courts below.
- The Court of Appeal has no jurisdiction to grant stay of execution in relation to its own decision in a certification application.
Court orders
#- 1.Certificate granted enabling the ARA and the EACC to appeal to the Supreme Court in terms of Article 163(4)(b) of the Constitution
- 2.Costs of the application to abide the outcome of the intended appeal in the Supreme Court
- On appeal from
- Court of Appeal
- Jurisdiction invoked
- Article 163(4)(b) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics & Anti-corruption Commission v Pamela Aboo & 1 other", Case Analysis (2024). Civil Application No. Sup. E613 of 2023 (consolidated with Civil Application No. Sup. E005 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1671/eng@2024-11-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.