[2021] KEHC 13638 (KLR)
The court found that the freezing of the petitioner’s bank accounts and the impounding of her motor vehicle were legally justified, as they were based on a formal complaint and subsequent criminal investigation into alleged embezzlement. The petitioner failed to disclose that she had been charged with criminal...
Source-derived case information.
- Citation
- [2021] KEHC 13638 (KLR)
- Parties
- Applicant: Analisa Ochieng’ Obong’o alias Analisa Achieng’ Okumu; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Petition 8 of 2019
- Procedural Posture
- Constitutional Petition / Ruling
- Outcome
- petition dismissed with costs
- Judges
- KW Kiarie
- Legal Topics
- Fundamental Rights, Judicial Review, Mandamus, Freezing of Accounts, Criminal Investigation, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Analisa Ochieng’ Obong’o alias Analisa Achieng’ Okumu
Applicant
The Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling
Legal Issues
- 1 Whether the petitioner’s fundamental rights under Articles 31 and 47 of the Constitution were violated by the freezing of her bank accounts and impounding of her motor vehicle.
- 2 Whether the orders of the Chief Magistrate’s Court regarding the petitioner’s accounts and motor vehicle should be reviewed and mandamus issued to release them.
- 3 Whether the respondent is liable to compensate the petitioner for alleged losses incurred since September 2016.
Ratio Decidendi
The court found that the freezing of the petitioner’s bank accounts and the impounding of her motor vehicle were legally justified, as they were based on a formal complaint and subsequent criminal investigation into alleged embezzlement. The petitioner failed to disclose that she had been charged with criminal offences, which was a material fact. The court held that the orders sought regarding the accounts and vehicle should be addressed by the court handling the criminal case, not through a constitutional petition. The petition was deemed to lack merit and constituted an abuse of the court process, warranting dismissal with costs.
Court Disposition
petition dismissed with costs
Orders
- The petition is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT HOMA BAY
PETITION NO. 8 OF 2019
ANALISA OCHIENG’ OBONG’O ALIAS
ANALISA ACHIENG’ OKUMU.................................................PETITIONER
AND
THE HON. ATTORNEY GENERAL.........................................RESPONDENT
RULING
1. Analisa Ochieng’ Obong’o alias Analisa Achieng’ Okumu, the petitioner herein has petitioned the court to grant the following orders:
a) A declaration that:
i) Her fundamental rights and freedom enshrined in Articles 31 & 47 of the Constitution of Kenya have been denied, violated or infringed by the state.
ii) The respondent is liable to compensate the petitioner for the losses incurred by the petitioner since September, 2016.
b) That this court be pleased to review the orders made in Miscellaneous Applications No.2974 & 3073 of 2016 by the Chief Magistrate’s Court at Nairobi by issuing an order of mandamus directed to the Co-operative Bank of Kenya compelling its General Manager to remove the preservation orders placed on accounts nos.[....], [....] and [....] and free the accounts to be operated as before September, 2016.
c) That this court order the release of motor vehicle registration No. KBP 864L Toyota Fielder after full repairs or pay its equivalent value of Kshs.1,250,000/= as at now and further pay Kshs.300,000/= incurred as a result of attachment of the petitioner’s property.
d) That costs of this petition be paid by the respondent.
2. The petition was premised on the following grounds:
a) That PC Isaac Agutu obtained orders from court to investigate her Bank accounts and to impound her motor vehicle registration NO. KBP 864L.
b) That the said action was actuated maliciously by a disgruntled former employee.
3. The petition was opposed on grounds that:
a) The action complained of was prompted by genuine complaints against the petitioner.
b) The petitioner was subsequently charged with criminal offences after investigations.
4. On 25th August, 2016 Margaret Akinyi Anditi complained in writing to the National Police Service against the petitioner herein. She complained that the petitioner had embezzled some NGO funds. The Directorate of Criminal Investigation was tasked with the investigations of the complaint.
5. The investigations culminated in the petitioner being charged with three counts in Homa Bay Chief Magistrate’s Court.
6. Interestingly, the petitioner did not mention the criminal charges anywhere.
7. I therefore find that the freezing of her accounts and impounding of motor vehicle registration NO. KBP 864L was legally done. The orders in respect of the said accounts and the impounded motor vehicle can be given by the court seized of the criminal case after it has been heard.
8. The petitioner was not candid when she approached this court. She concealed the fact that she was charged with a criminal case following the complaint.
9. I therefore find that the petition lacks merit and is an abuse of the court process. I accordingly dismiss it with costs.
DELIVEREDandSIGNEDatHOMA BAY this 14thdayof June, 2021
KIARIE WAWERU KIARIE
JUDGE