[2018] KEELC 3384 (KLR)
The court found that the applicant had invoked the correct statutory provision and demonstrated reasonable grounds for the issuance of a prohibitory order under section 56(1) of the Anti-Corruption and Economic Crimes Act. The absence of opposition from the respondents and the need to preserve the property pending...
Source-derived case information.
- Citation
- [2018] KEELC 3384 (KLR)
- Parties
- Applicant: Ethics & Anti-Corruption Commission (EACC); Respondent: G. Mbugua Mburu; Respondent: Tudor Holdings Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 16 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Prohibitory Orders
- Outcome
- application granted
- Legal Topics
- Asset Freeze Orders, Public Land Protection, Anti Corruption Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ethics & Anti-Corruption Commission (EACC)
Applicant
G. Mbugua Mburu
Respondent
Tudor Holdings Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Prohibitory Orders
Legal Issues
- 1 Whether the court should issue a prohibitory order under section 56(1) of the Anti-Corruption and Economic Crimes Act to prevent dealings with Meru Plot No. T/184.
- 2 Whether the applicant has satisfied the statutory requirements for the grant of a prohibitory order.
Ratio Decidendi
The court found that the applicant had invoked the correct statutory provision and demonstrated reasonable grounds for the issuance of a prohibitory order under section 56(1) of the Anti-Corruption and Economic Crimes Act. The absence of opposition from the respondents and the need to preserve the property pending investigations justified the grant of the order. The court accordingly issued a prohibitory order restraining the respondents, their agents, or any other persons from transferring, charging, or otherwise dealing with Meru Plot No. T/184 for a period of six months.
Court Disposition
application granted
Orders
- A prohibitory order is issued prohibiting the respondents, their servants, agents, or any other persons from transferring, charging, or in any other manner dealing with parcel of land known as Meru Plot No. T/184 for a period of six months.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC MISC NO. 16 OF 2018
IN THE MATTER OF: THE ANTI-CORRUPTION AND ECONOMIC CRIMES ACT NO. 3 OF 2003
AND
IN THE MATTER OF: AN APPLICATION BY THE ETHICS AND
ANTI-CORRUPTIONCOMMISSION FOR AN ORDER
UNDERSECTION 56(1) OF THEANTI-CORRUPTION
ANDECONOMICCRIMES ACTNO. 3 OF 2003 TO
PROHIBITTHETRANSFER OR DISPOSAL OFOR
OTHERDEALINGS (HOWSOEVER DESCRIBED)
WITHTHE MERU BLOCK T/184,
MILIMANI ESTATE
ETHICS & ANTI-CORRUPTION COMMISSION (EACC)....APPLICANT
VERSUS
G. MBUGUA MBURU.......................................................1ST RESPONDENT
TUDOR HOLDINGS LTD................................................2ND RESPONDENT
RULING
1. The application filed on 4. 5.2013 seeks the following orders;
(i) That this honourable be pleased to issue a prohibitory orders prohibiting the respondents by themselves, their servants, agents or through any other manner whatsoever from transferring, disposing of, wasting, charging or in any other manner dealing with the parcel of land number known as Meru Plot Number T/184 measuring 0. 185 situated in Milimani Estate within Meru township for a period of six (6 months).
2. Pursuant to provision of section 56 of the Anti-corruption and Economic Crimes Act No. 3 of 2003, an order is hereby issued prohibiting the respondents by themselves, their servants, agents or through any other manner whatsoever from transferring, charging or in any other manner dealing with parcel of land known as Meru Plot No. T/184 for a period of 6 months.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 15th DAY OF MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Kyeli for applicant
HON. LUCY. N. MBUGUA
ELC JUDGE