The Registered Trustees of The Sisters of Mercy (kenya) T/A Mater Hospital v Dr John Muriithi & 5 others

The court contrasted the language of sections 51 and 52 ('does anything that constitutes') with section 54 (compensation on conviction). It also drew support from section 55 forfeiture proceedings, where reading 'constitutes' as 'convicted of' would defeat the non-conviction-based design of the statute. It found it unfair to require a victim to await a criminal conviction, with its higher standard of proof, before pursuing civil compensation on a balance of probabilities.

The Chief Justice's Practice Directions of 9th December 2016 confer on the ACEC Division jurisdiction over matters including 'the payment of compensation of proceeds of corruption', which the court read as referring to enforcement of compensation orders under section 54(4), not original civil claims under sections 51 and 52. Such suits belong in the Civil Division, or the ordinary High Court or subordinate court depending on pecuniary jurisdiction.

The Court held the trial judge erred in reading sections 51 and 52 as dependent on section 54. It nonetheless affirmed the judge's conclusion on forum, agreeing the suit ought to have been filed in the Civil Division. This partially reverses and partially affirms the decision below.

Having found the suit was filed in the wrong Division for administrative reasons rather than want of jurisdiction, the Court held the trial judge could not be faulted for ordering transfer. Striking out was not available, so the 1st respondent's cross-appeal failed in its entirety.