Ethics and Anti-corruption Commission v Thumbi (Environment and Land Miscellaneous Case 4 of 2023) [2026] KEELC 3267 (KLR) (26 May 2026) (Ruling) Neutral citation: [2026] KEELC 3267 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NANYUKI ENVIRONMENT AND LAND MISCELLANEOUS CASE 4 OF 2023 LN MBUGUA, J MAY 26, 2026 IN THE MATTER OF THE ANTI-CORRUPTION & ECONOMIC CRIMES ACT NO. 3 OF 2003 AND IN THE MATTER OF AN APPLICATION BY THE ETHICS AND ANTI-CORRUPTION COMMISSION FOR AN ORDER UNDER SECTION 56(1) OF THE ANTICORRUPTION & ECONOMIC CRIMES ACT NO. 3 OF 2003 TO PROHIBIT DEALINGS WITH THE NANYUKI MUNICIPALITY BLOCK 8/876 MAJENGO ESTATE BETWEEN ETHICS AND ANTI-CORRUPTION COMMISSION ....................... APPLICANT AND JAMES MAINA THUMBI ................................................................... RESPONDENT RULING 1. Before me is a notice of motion application dated 5th August 2025 brought forth by James Maina Thumbi the respondent in the Miscellaneous Suit seeking orders that the court reviews or vacates the prohibition order of 15th December 2023 which restrained the respondent herein from dealing with the land known as Nanyuki Municipalkity Block 8/876 by way of sale, transfer, mortage or development for a period of six months. The applicant argues that the period given to the Commission to investigate the suit property has lapsed and that no further action was undertaken by the Commission since 15th December 2023 when orders of prohibition were obtained. 2. The Commission did not file a response to the application although both parties have filed submissions. The issue falling for consideration is whether the orders of prohibition given by this court on 15th December, 2023 should be vacated. Firstly, the orders were given for a period of six months https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3267/eng@2026-05-26 1
page 1 of 2
which means that they lapsed on 15th of June 2024, thus the said orders do not exist. Secondly, the provisions of section 56(3) of the Anticorruption and Economic Crimes Act provides that ; “ An order under this section shall have efiect for six months and may be extended by the court on an application by the Commission.” 3. Since the date of 15th December 2023 the Commission has never sought for extension of the orders in question. In the circumstances I find that the application dated 5th August 2025 is merited, the same is allowed but each party is to bear their own cost of the application. DATED, SIGNED AND DELIVERED AT NANYUKI THIS 26TH DAY OF MAY, 2026 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Ayoo - Applicant. J. Muu - Respondent. Nancy Mwangi - Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3267/eng@2026-05-26 2
page 2 of 2