Muchanga Investments Ltd v Habenga Holdings Ltd & 8 others; Barclays Bank of Kenya Ltd(Interested Party) [2019] KEELC 5024 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to throw out EACC-recorded statements used in a civil land case, confirming properly gathered evidence stays admissible.
What this practically means
#Executive summary
#Key legal issues
#Whether the 4th to 7th defendants' bundle of documents containing EACC investigation statements should be expunged as illegally obtained evidence
The application was dismissed; the statements were recorded between October 2014 and February 2015 when the EACC was fully constituted, so the evidence cannot be faulted, and the cited Court of Appeal decision made no finding of illegally obtained evidence
The court examined the bundle, noting it comprised statements recorded from 14 individuals before EACC officers between October 2014 and February 2015. The Kamau Court of Appeal decision turned on whether a prosecution report was validly forwarded after EACC commissioners had left office, not on legality of the gathered evidence. Since the statements were recorded while the Commission was properly constituted, the evidence could not be faulted, and the matter being civil rather than criminal, the objection failed.
Legal principles established
#- Evidence gathered by EACC while the Commission was properly constituted cannot be faulted merely because of later events concerning the forwarding of a prosecution report; and the exclusion of illegally obtained evidence was considered in a criminal context, not applicable to a civil suit
Court orders
#- 1.The 3rd defendant's application to expunge the 4th to 7th defendants' bundle of documents filed on 10th July 2018 is dismissed
- 2.Costs of the application to the plaintiff and the 4th to 7th defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over a suit in which an interlocutory application was made
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muchanga Investments Ltd v Habenga Holdings Ltd & 8 others; Barclays Bank of Kenya Ltd(Interested Party) [2019] KEELC 5024 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/5024/eng@2019-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.