[2018] KEELC 3375 (KLR)
The court found that the applicant had satisfied the requirements under section 56(1) of the Anti-Corruption and Economic Crimes Act by demonstrating the need to preserve the subject property pending investigations. The absence of opposition from the respondents and the statutory mandate to prevent dissipation of...
Source-derived case information.
- Citation
- [2018] KEELC 3375 (KLR)
- Parties
- Applicant: Ethics & Anti-Corruption Commission (EACC); Respondent: Samuel Kimathi; Respondent: Daniel Kithinka Rukunga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 15 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Prohibitory Orders
- Outcome
- application allowed
- Legal Topics
- Prohibitory Orders, Asset Freeze, Public Land Disputes, 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
Samuel Kimathi
Respondent
Daniel Kithinka Rukunga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Prohibitory Orders
Legal Issues
- 1 Whether the court should issue prohibitory orders restraining the respondents from dealing with parcel Meru Block 1/319 under section 56(1) of the Anti-Corruption and Economic Crimes Act.
- 2 Whether the applicant has met the statutory threshold for the grant of prohibitory orders.
Ratio Decidendi
The court found that the applicant had satisfied the requirements under section 56(1) of the Anti-Corruption and Economic Crimes Act by demonstrating the need to preserve the subject property pending investigations. The absence of opposition from the respondents and the statutory mandate to prevent dissipation of assets suspected to be proceeds of corruption justified the issuance of prohibitory orders. Accordingly, the court granted the orders sought, restraining the respondents and their agents from transferring, charging, or otherwise dealing with Meru Block No. 1/319, Milimani Estate, for a period of six months.
Court Disposition
application allowed
Orders
- An 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 Block No. 1/319, Milimani Estate, for a period of six months.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC MISC NO. 15 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-CORRUPTION COMMISSION FOR AN ORDER UNDER SECTION 56(1)
OF THE ANTI-CORRUPTION AND ECONOMIC CRIMES ACT NO. 3 OF 2003
TOPROHIBIT THE TRANSFER OR DISPOSAL OF OR OTHER DEALINGS
(HOWSOEVER DESCRIBED) WITH THE MERU BLOCK 1/319, MILIMANI ESTATE
ETHICS & ANTI-CORRUPTION
COMMISSION (EACC).................................APPLICANT
VERSUS
SAMUEL KIMATHI...........................1ST RESPONDENT
DANIEL KITHINKA RUKUNGA.....2ND RESPONDENT
RULING
1. The application filed on 4. 5.2013 seeks the following orders;
i. That this honourable be pleased to issue 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 BLOCK/319 measuring 0. 1407 ha 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 Block No. 1/319 MILIMANI ESTATE, 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