Mogoko v Ethics and Anti-Corruption Commission [2025] KEHC 3342 (KLR)

Mogoko v Ethics and Anti-Corruption Commission (Judicial Review Application E030 of 2025) [2025] KEHC 3342 (KLR) (Judicial Review) (19 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3342 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E030 of 2025

RE Aburili, J

March 19, 2025

Between

Richard Mogoko

Applicant

and

Ethics And Anti-Corruption Commission

Respondent

Ruling

1. The Chamber Summons dated 19/3/2025 seeks leave of this court to institute Judicial Review proceedings against the Ethics and Anti-corruption Commission (EACC) for orders of prohibition to prohibit the Respondent EACC from instituting legal proceedings against the Exparte Applicant demanding from him the sum of Kshs.101,229,051. 75/- being illegal payments authorized by the applicant Richard Mogoko on behalf of Nairobi City County Government to unqualified suppliers for goods and services not delivered. The demand is dated 10/3/2025.

2. The applicant also seeks leave to apply for certiorari to bring into this court for purposes of quashing and to quash the demand for the said amount and to quash investigations by the Respondent with regard to the said alleged loss of Kshs. 101,229,051. 75 as indicated in the demand dated 10/3/2025, and that leave granted do operate as stay of implementation of the demand. He also seeks for costs.

3. The grounds in support are on the face of the application which is also supported by the affidavit sworn by Richard Mogoko, the statement of facts and annextures.

4. Without delving into the merits of the application, I observe that this is a matter wherein the Ethics and Anti-corruption Commission is investigating the alleged loss of the sums of money through procurement process at the Nairobi City County Government and the EACC demanded from the applicant the stated sums of money and therefore the court that has jurisdiction to hear and determine such claims, including any claim that may be lodged by EACC for forfeiture or preservation of assets for purposes of recovery, is the Anti-corruption and Economic Crimes Court of the High Court.

5. In the premises, I decline to consider the merits of the application for leave to apply dated 19/3/2025.

6. The application dated 10/3/2025 is struck out with no orders as to costs. The applicant to file his case before the right forum for ventilation of his grievances.

7. Accordingly, the application is not certified urgent.

8. This file is closed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 19TH DAY OF MARCH, 2025R.E. ABURILIJUDGE