https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9887

https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9887

The Plaintiff traced allegedly stolen public funds to two fixed deposit accounts in the 1st Defendant’s name and showed enough unrebutted material to establish a prima facie case. Because dissipation of the funds would likely defeat eventual recovery and the preservation order only targeted the identified accounts,...

Source-derived case information.

Citation
[2026] KEHC 9887 (KLR)
Parties
Plaintiff: Ethics and Anti-Corruption Commission; 1st Defendant: Irina Health and Motor Vehicle Insurance Company Limited; 2nd Defendant: Akimata Limited; 3rd Defendant: Abenyo Amatwel Etiir; 4th Defendant: Chris Locheria; 5th Defendant: Michael Ate Logilae; 6th Defendant: James Illikwel Cyrus; 7th Defendant: Janerose Tioko
Court
High Court
Jurisdiction
Kenya
Case Number
Civil Suit E033 of 2025
Procedural Posture
Civil Suit; Interlocutory Injunction Application in an Anti Corruption and Economic Crimes Matter / Ruling on Notice of Motion for Preservation/injunctive Relief Pending Hearing and Determination of Suit
Outcome
Application allowed
Judges
["REA Ougo"]
Legal Topics
Interlocutory Injunction, Preservation of Suspected Proceeds of Corruption, Prima Facie Case, Irreparable Harm, Balance of Convenience, Tracing of Funds, Civil Recovery of Public Funds, Joinder and Scope of Injunctive Relief
Source Language
en
Anti Corruption and Economic Crimes Civil Procedure Injunctions Asset Preservation Public Procurement Interlocutory Injunction Preservation of Suspected Proceeds of Corruption Prima Facie Case +5 more

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Parties

Ethics and Anti-Corruption Commission

Plaintiff

Irina Health and Motor Vehicle Insurance Company Limited

1st Defendant

Akimata Limited

2nd Defendant

Abenyo Amatwel Etiir

3rd Defendant

Chris Locheria

4th Defendant

Michael Ate Logilae

5th Defendant

James Illikwel Cyrus

6th Defendant

Janerose Tioko

7th Defendant

Procedural Posture

Civil Suit; Interlocutory Injunction Application in an Anti Corruption and Economic Crimes Matter / Ruling on Notice of Motion for Preservation/injunctive Relief Pending Hearing and Determination of Suit

  1. 1 Whether the Plaintiff established a prima facie case warranting an interlocutory injunction
  2. 2 Whether the Plaintiff would suffer irreparable harm if the funds were not preserved
  3. 3 Whether the balance of convenience favoured preservation of the funds

Ratio Decidendi

The Plaintiff traced allegedly stolen public funds to two fixed deposit accounts in the 1st Defendant’s name and showed enough unrebutted material to establish a prima facie case. Because dissipation of the funds would likely defeat eventual recovery and the preservation order only targeted the identified accounts, the Giella test was satisfied and the court preserved the funds pending trial. The 4th to 7th Defendants were not personally restrained, so their objections did not defeat the application.

Court Disposition

Application allowed

Orders

  • Pending hearing and determination of the suit, the 1st, 2nd and 3rd Defendants are restrained from withdrawing, transferring, disposing of, wasting or otherwise dealing with funds held in Fixed Deposit Account No. 0990385712105, Equity Bank, Lodwar Branch and Fixed Deposit Account No. 0990385449323, Equity Bank,...
  • The orders relate only to the funds in the specified accounts and do not restrain the personal assets of the 4th, 5th, 6th or 7th Defendants.