A three‑judge bench of the Court of Appeal dismissed Joseph Ambuso Omondi’s appeal and affirmed the Ethics and Anti‑Corruption Commission’s (EACC) decision to keep investigating him after more than six years.
The judges—Justices K. M’Inoti, E.C. Mwita and B. Ongaya—found that the length of the probe did not breach Omondi’s constitutional rights to dignity, privacy, property or fair administrative action.
EACC’s investigation began after officers searched Omondi’s home and office in October 2017, seizing 23 title deeds and six electronic devices; most items were later returned, but many documents remain retained.
The court accepted the commission’s explanation that the inquiry spanned several counties and land registries, was hampered by missing records at the Kisumu Land Registry and a fire‑destroyed Nyakach registry, and was further delayed by the Covid‑19 pandemic.
Citing a Supreme Court precedent, the judges held that EACC’s search and seizure powers are not classified as administrative action under Article 47 of the Constitution, reinforcing the commission’s investigative authority.
While the court stressed that investigations must be conducted expeditiously, efficiently and fairly, it upheld a High Court order that required EACC to conclude the probe within eight months, confirming the lower court’s remedial power in constitutional petitions.
Both parties were ordered to bear their own costs following the dismissal of the appeal.
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