[2022] KEHC 1559 (KLR)

[2022] KEHC 1559 (KLR)

The court found that the plaintiff established a prima facie case by demonstrating that the claim for Kshs. 17,000,000/= is intrinsically tied to the parcel of land LR NO. 10874/1160, which is alleged to have been purchased with proceeds of corruption. The court held that the plaintiff's claim is not merely for money but for property traceable to alleged corrupt funds, and that dissipation of the property would render recovery impossible if the suit succeeds. The court further held that irreparable harm would result if the injunction is not granted, as the substratum of the claim would be lost, and that the balance of convenience favours the plaintiff, who would be more inconvenienced by...

Citation
[2022] KEHC 1559 (KLR)
Parties
Plaintiff: Ethics & Anti-Corruption Commission; Defendant: Dr. Evans Kidero; Defendant: Paul Mutunga Mutungi; Defendant: John Ndirangu Kariuki; Defendant: George Wainaina Njogu; Defendant: The Cups Limited; Defendant: Johnngari Wainaina; Defendant: Aduma Joshua Owour; Defendant: Hannah Muthoni Kariuki; Defendant: Philomena Kavinya Nzuki; Defendant: Ng’ang’a Mungai; Defendant: Ekaya Alumasi Ghonzoour; Defendant: James Mimi Mbugua; Defendant: Elizabeth Wanjiru Nderitu; Defendant: Alice Njeri Mundia
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
10 March 2022
Case Number
Anti-Corruption and Economic Crimes Case E008 of 2021
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Temporary Injunction
Outcome
Application for temporary injunction allowed.
Judges
EM Muchoki
Legal Topics
Interlocutory Injunctions, Asset Preservation, Proceeds of Crime, Public Property Recovery, Fraudulent Conveyance, Burden of Proof
Source Language
English
Civil Procedure Land and Property Criminal Law Interlocutory Injunctions Asset Preservation Proceeds of Crime Public Property Recovery Fraudulent Conveyance +1 more

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Parties

Ethics & Anti-Corruption Commission

Plaintiff

Dr. Evans Kidero

Defendant

Paul Mutunga Mutungi

Defendant

John Ndirangu Kariuki

Defendant

George Wainaina Njogu

Defendant

The Cups Limited

Defendant

Johnngari Wainaina

Defendant

Aduma Joshua Owour

Defendant

Hannah Muthoni Kariuki

Defendant

Philomena Kavinya Nzuki

Defendant

Ng’ang’a Mungai

Defendant

Ekaya Alumasi Ghonzoour

Defendant

James Mimi Mbugua

Defendant

Elizabeth Wanjiru Nderitu

Defendant

Alice Njeri Mundia

Defendant

Procedural Posture

Civil Suit / Ruling on Interlocutory Application for Temporary Injunction

Legal Issues

  1. 1 Whether the plaintiff has established a prima facie case for grant of a temporary injunction against the 3rd defendant.
  2. 2 Whether the plaintiff would suffer irreparable harm if the injunction is not granted.
  3. 3 Whether the balance of convenience tilts in favour of granting the injunction.

Ratio Decidendi

The court found that the plaintiff established a prima facie case by demonstrating that the claim for Kshs. 17,000,000/= is intrinsically tied to the parcel of land LR NO. 10874/1160, which is alleged to have been purchased with proceeds of corruption. The court held that the plaintiff's claim is not merely for money but for property traceable to alleged corrupt funds, and that dissipation of the property would render recovery impossible if the suit succeeds. The court further held that irreparable harm would result if the injunction is not granted, as the substratum of the claim would be lost, and that the balance of convenience favours the plaintiff, who would be more inconvenienced by...

Court Disposition

Application for temporary injunction allowed.

Orders

  • Pending hearing and determination of the suit, the 3rd defendant, whether by himself, his agents, servants, employees or any other person, is restrained from selling, leasing, charging, subdividing, developing, wasting, transferring or in any other manner dealing with Land parcel LR 10874/1160 registered in his name.
  • Costs of the application shall be in the cause.