[2014] KEHC 5003 (KLR)
The court held that Section 180 of the Evidence Act only allows for the investigation of bank accounts and not for the freezing of such accounts. The ex parte order issued by the trial magistrate to freeze the applicant's bank accounts was therefore made in error. The court revised and vacated the freezing order,...
Source-derived case information.
- Citation
- [2014] KEHC 5003 (KLR)
- Parties
- Applicant: Abdulrazak Khalifa Salim; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 19 of 2014
- Procedural Posture
- Criminal Revision / Ruling on Revision of Ex Parte Orders to Investigate and Freeze Bank Accounts
- Outcome
- Order for freezing the applicant's bank accounts revised and vacated.
- Judges
- GO Shikwe
- Legal Topics
- Bank Account Investigation, Freezing Orders, Evidence Act Section 180
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulrazak Khalifa Salim
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision of Ex Parte Orders to Investigate and Freeze Bank Accounts
Legal Issues
- 1 Whether Section 180 of the Evidence Act empowers the court to freeze bank accounts or only to authorize investigation of such accounts.
- 2 Whether the ex parte order to freeze the applicant's bank accounts was lawfully granted.
Ratio Decidendi
The court held that Section 180 of the Evidence Act only allows for the investigation of bank accounts and not for the freezing of such accounts. The ex parte order issued by the trial magistrate to freeze the applicant's bank accounts was therefore made in error. The court revised and vacated the freezing order, clarifying that the statutory provision cited does not confer authority to freeze accounts, but only to permit their inspection for investigative purposes.
Court Disposition
Order for freezing the applicant's bank accounts revised and vacated.
Orders
- The ex parte order freezing the applicant's bank accounts is hereby vacated.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL REVISION NO. 19 OF 2014
ABDULRAZAK KHALIFA SALIM ...................................….. APPLICANT
VERSUS
REPUBLIC ……….……....................................................…RESPONDENT
REVISION
This matter for revision has been referred to this Court by the learned trial magistrate for purposes of revision.
Orders had been granted exparte by that Court for Warrants to investigate accounts and freeze the accounts pending the completion of investigations.
Mr. Kiprop for the State concedes to the Revision on the grounds that Section 180 of the Evidence Act is limited to investigation only.
Section 180 of the Evidence Act provides,
“Where it is proved on oath to a Judge or magistrate that in fact or according to reasonable suspicion, the inspection of any bankers book is necessary or desirable for the purpose of any investigation into the commission of an offence, the Judge or magistrate may by Warrant authorize a police officer or other person named therein to investigate the account of any specified person in any bankers book and such warrant shall be sufficient authority for the production of any such bankers book as may be required for scrutiny by the officer or person named in the Warrant, and such officer or person may take copies of any relevant entry or matter in such bankers books”.
It is quite evident from the above that the provision does not allow for the freezing of bank accounts but for purposes of investigating them only.
The order for freezing the accounts was in error and its accordingly revised/vacated.
Ruling delivered dated and signed this 14thday of May, 2014.
…...............
M. MUYA
JUDGE
14TH MAY, 2014
In the presence of:-
Mr. Makasembo for the applicant
Mr. Mureithi for the State