Ethics and Anti-Corruption Commission v Haria & another (Environment and Land Miscellaneous Application E016 of 2024) [2025] KEELC 385 (KLR)
The bottom line
#Kenya's EACC froze a Kisii land title for six months while investigating suspected corrupt acquisition, and the court set clear rules on amending affidavits.
What this practically means
#Executive summary
#Key legal issues
#Amendment of affidavits and applications
An affidavit cannot be amended; the mis-titled 'amended supporting affidavit' was treated as a technicality. An application may be amended only for corrections that do not alter its character.
The court held that amending an affidavit implies the original was falsely sworn; the proper course is a supplementary or additional affidavit. As to applications, minor corrections such as typing errors are permissible without withdrawing the motion, but wholesale amendment of body and prayers requires withdrawal and a fresh application. The correction here (Block I to Block II) was clerical and caused no prejudice.
Preservation of property suspected of corrupt acquisition
Prima facie material showing the suit property may have been intended to be surrendered to the Government justified a six-month prohibition order under Section 56.
The court confined itself to whether the EACC had presented material supporting suspicion of corrupt acquisition, avoiding determination of title. Ex parte applications under Section 56 may be directed to be heard inter partes. The material suggesting the land was to be exchanged for Government Plot 140 sufficed to warrant preservation pending investigations.
Legal principles established
#- An affidavit cannot be amended because it comprises evidence; the proper course is to file a supplementary or additional affidavit.
- An application may be amended to correct errors that do not change the character of the application, such as a clerical mistake.
Court orders
#- 1.Order of prohibition prohibiting the respondents from advertising for sale, selling, or in any other way dealing with the title to Plot Kisii Municipality/Block II/127 for six (6) months
- 2.No orders as to costs
- Jurisdiction invoked
- Section 56(1) of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics and Anti-Corruption Commission v Haria & another (Environment and Land Miscellaneous Application E016 of 2024) [2025] KEELC 385 (KLR)", Case Analysis (2025). Originating Motion dated 17 July 2024 (EACC application, Kisii). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/385/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.