Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital v Muriithi & another (Civil Appeal 231 of 2019) [2025] KECA 983 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed you can sue for compensation under the Anti-Corruption and Economic Crimes Act without first securing a criminal conviction.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether one substantive judgment should be rendered for this appeal and Civil Appeal No. 20 of 2019, given their similar issues of fact and law
- 2.The fate of the 2nd respondent's notice of grounds for affirming the decision dated 21st April 2024, filed out of time on 22nd April 2024 in breach of rule 96(2) of the Court of Appeal Rules, 2022
- 3.By parity of reasons in Civil Appeal No. 20 of 2019, whether the appellant may pursue a private action for compensation under Sections 51 and 53 of the Anti-Corruption and Economic Crimes Act without first obtaining a conviction against the respondents
- 4.The fate of the cross-appeal
Key legal issues
#Private compensation action under the Anti-Corruption and Economic Crimes Act without prior conviction
The appellant may pursue a private action for compensation under Sections 51 and 53 of the Anti-Corruption and Economic Crimes Act without first obtaining a conviction against the respondents, but only at the Civil Division of the High Court at Nairobi
The Court adopted, by parity of reasons, the analysis in its judgment in consolidated Civil Appeal No. 20 of 2019 delivered on 22nd November 2024, which raised the same issues of fact and law. On that basis the appeal partially succeeds to the extent of permitting the private compensation action, while confining it to the Civil Division of the High Court at Nairobi. The cross-appeal fails in its entirety.
Timeliness of a notice of grounds for affirming a decision under rule 96(2) of the Court of Appeal Rules, 2022
A notice filed on the very day of the hearing is out of time and is struck out; the ground raised therein (res judicata) is not properly before the Court
The 2nd respondent's notice of grounds for affirming the decision dated 21st April 2024 was filed on 22nd April 2024, the very day of the hearing, in breach of rule 96(2) of the Court of Appeal Rules, 2022. Although counsel conceded the lateness, he persisted in arguing the res judicata ground. The Court struck out the notice, rendering the ground improperly before it.
Legal principles established
#- A private action for compensation under Sections 51 and 53 of the Anti-Corruption and Economic Crimes Act may be pursued without first obtaining a conviction against the respondents, but must be filed at the Civil Division of the High Court at Nairobi
- A notice of grounds for affirming a decision under rule 96(2) of the Court of Appeal Rules, 2022 filed on the very day of the hearing is out of time and may be struck out, with the ground raised therein not properly before the Court
Court orders
#- 1.The notice of grounds for affirming the decision filed on 22nd April 2024 by the 2nd respondent is struck out, and the ground of res judicata raised therein is not properly before the Court
- 2.The appeal partially succeeds: the appellant may pursue a private action for compensation pursuant to Sections 51 and 53 of the Anti-Corruption and Economic Crimes Act without first obtaining a conviction against the respondents, but at the Civil Division of the High Court at Nairobi
- 3.The cross-appeal fails in its entirety
- 4.Each party to bear its own costs on both the appeal and the cross-appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya
- Jurisdiction invoked
- Not expressly stated in the judgment; the matter is before the Court of Appeal on appeal (with a cross-appeal) from the High Court, per the Court of Appeal Rules, 2022 (rule 96(2) invoked on a notice of grounds for affirming the decision).
- Consolidated with
- Civil Appeal No. 20 of 2019 - The Registered Trustees of The Sisters of Mercy (Kenya) T/A Mater Misericodiare Hospital vs Dr. John Muriithi & 5 Others
Relief refused
#The 2nd respondent's ground of res judicata raised in the notice of grounds for affirming the decision
The notice was filed out of time in breach of rule 96(2) of the Court of Appeal Rules, 2022, having been filed on the very day of the hearing, and the Court struck it out
The cross-appeal in its entirety
By parity of the reasons in the judgment in Civil Appeal No. 20 of 2019 delivered on 22nd November 2024
Costs
Each party to bear its own costs on both the appeal and the cross-appeal.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
By parity of the reasons given in the judgment in No. 20 of 2019 delivered on 22nd November 2024, the appeal partially succeeds to the extent that the appellant can pursue a private action for compensation pursuant to Sections 51 and 53 of the Anti- corruption and Economic Crimes Act without first obtaining a conviction against the respondents, but at the Civil Division of the High Court at Nairobi.
The cross-appeal fails in its entirety. Each party to bear its own costs on both the appeal and the crossappeal.
the notice of grounds for afirming the decision filed on 22nd April, 2024 is hereby struck out and the ground raised therein is not properly before us
Issues in the judgment
#The judgment is very short and disposes of the appeal 'by parity' of reasons in Civil Appeal No. 20 of 2019 without setting out its own facts, the decision below, or the names of the parties; the full reasoning is in the companion judgment dated 22nd November 2024.
The case number, the names of the parties, the neutral citation, and the decision of the court below are not stated anywhere in this judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees of the Sisters of Mercy (Kenya) t/a Mater Misericordiae Hospital v Muriithi & another (Civil Appeal 231 of 2019) [2025] KECA 983 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/983/eng@2025-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.