[2015] KEHC 788 (KLR)
The court found that while the police are entitled to conduct investigations, they are not entitled to indefinite time, especially where the applicant has demonstrated the source of the funds and the police have not provided evidence connecting the applicant to the alleged scandal. The court held that it would be...
Source-derived case information.
- Citation
- [2015] KEHC 788 (KLR)
- Parties
- Applicant: Betty Njoki Mureithi t/a Blue Star Enterprises; Respondent: The Inspector General; Respondent: The Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 218 of 2015
- Procedural Posture
- Criminal Revision Application / Ruling
- Outcome
- Application allowed in part; police granted seven days to complete investigations.
- Judges
- AW Macharia
- Legal Topics
- Police Investigations, Criminal Procedure, Money Laundering Investigations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Betty Njoki Mureithi t/a Blue Star Enterprises
Applicant
The Inspector General
Respondent
The Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Revision Application / Ruling
Legal Issues
- 1 Whether the police are entitled to indefinite time to complete investigations after freezing the applicant's account.
- 2 Whether the applicant has demonstrated the legitimate source of funds in her account.
- 3 Whether the police have established a prima facie connection between the applicant and the Ministry of Devolution scandal.
Ratio Decidendi
The court found that while the police are entitled to conduct investigations, they are not entitled to indefinite time, especially where the applicant has demonstrated the source of the funds and the police have not provided evidence connecting the applicant to the alleged scandal. The court held that it would be unfair and contrary to the interests of justice to allow the police unlimited time. Accordingly, the police were given a maximum of seven days to complete investigations and required to report to the court with a recommendation on whether to charge or exonerate the applicant.
Court Disposition
Application allowed in part; police granted seven days to complete investigations.
Orders
- The police are granted a maximum of seven days from the date of this ruling to complete investigations.
- The matter will be mentioned on 12/11/2015 for the respondents to report whether the applicant will be charged or exonerated.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
ATNAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION APPLICATION NO. 218 OF 2015
BETTY NJOKI MUREITHI T/S BLUE STAR ENTERPRISES............APPLICANT
VERSUS
THE INSPECTOR GENERAL...................................................1ST RESPONDENT
THE DIRECTOR OF PBLIC PROSECUTIONS......................2ND RESPONDENT
RULING
Having heard the respective submissions, I concur that police are under a duty to conduct investigations once a complaint has been raised. It is important to note that the Investigating Officer has suggested that she would be able to conclude the investigations within 10 days from today. But, I also take note of the fact that the Applicant’s account was closed on 29th September 2015 and the Applicant recorded her statement on 5th October 2015. A month has passed by which time investigations should be at an advanced stage.
I do agree that it is in the public domain that there exists a scandal in the Ministry of Devolution involving about Kshs. 791 million that is under investigations. But this does not imply that every transaction done in the Ministry must be connected to the scandal.
In the current case, the Applicant has, prima facie, been able to demonstrate the source of the money. It was the duty of the police to demonstrate how this money that was deposited in the Applicant’s account is connected to the scandal. The Replying Affidavit has not in any way connected the Applicant to the scandal save to state, that the police are investigating the matter. In that case, I do not think it is fair, and in the interest of justice that the police get all the time they ask for to complete their investigations. I will give them a maximum of 7 days to complete investigations. The matter will be mentioned on 12/11/2015 when the Respondent must come to the Court with a recommendation of whether they will be charging the Applicant with any criminal offence, or exonerating her altogether.
DATEDand SIGNEDthis 5THday of November, 2015.
G. W. NGENYE – MACHARIA
JUDGE
In the presence of:
1. Mr. Wandugi for the Applicant
2. M/s Atina for the Respondent