[2007] KEHC 3539 (KLR)
The court found that the applicant had presented credible prima facie evidence that the funds in the respondent's bank account were acquired as a result of corrupt conduct, particularly as the funds originated from another account previously subject to a prohibitory order for similar reasons. The court further held...
Source-derived case information.
- Citation
- [2007] KEHC 3539 (KLR)
- Parties
- Applicant: Kenya Anti-Corruption Commission; Respondent: Kasala Holdings (K) Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 860 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Originating Motion for Prohibitory Order
- Outcome
- application allowed; prohibitory order granted
- Legal Topics
- Anti Corruption Orders, Proceeds of Crime, Freezing of Bank Accounts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Anti-Corruption Commission
Applicant
Kasala Holdings (K) Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Originating Motion for Prohibitory Order
Legal Issues
- 1 Whether the applicant has established credible prima facie evidence that the funds in the respondent's account were acquired as a result of corrupt conduct.
- 2 Whether money constitutes 'property' under section 56(1) of the Anti-Corruption and Economic Crimes Act, 2003, for purposes of a prohibitory order.
Ratio Decidendi
The court found that the applicant had presented credible prima facie evidence that the funds in the respondent's bank account were acquired as a result of corrupt conduct, particularly as the funds originated from another account previously subject to a prohibitory order for similar reasons. The court further held that the statutory term 'property' under section 56(1) of the Anti-Corruption and Economic Crimes Act encompasses money, thus permitting the issuance of a prohibitory order over the funds in question. Consequently, the court granted the prohibitory order sought by the applicant, prohibiting withdrawal, transfer, disposal, or other dealings with the specified account pending...
Court Disposition
application allowed; prohibitory order granted
Orders
- A prohibitory order is issued prohibiting the withdrawal, transfer, disposal, or other dealings with the money held in Account No. 0102012208700 at National Bank of Kenya Ltd in the name of Kasala Holdings (K) Ltd.
- The order and application shall be served upon the respondent within seven days of delivery of this ruling.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc Civ Appli 860 of 2007
IN THE MATTER OF AN APPLICATION BY KENYAANTI-CORRUPTION COMMISSION FOR AN ORDER UNDERSECTION 56 OF ANTI-CORRUPTION AND ECONOMICCRIMES ACT, NO. 3 OF 2003, TO PROHIBIT THE TRANSFEROR DISPOSAL OF OR OTHER DEALINGS (HOWSOEVERDESCRIBED) WITH THE CASH HELD AT NATIONAL BANK OF KENYA LTDACCOUNT NO. 0102012208700
BETWEEN
KENYA ANTI-CORRUPTION COMMISSION …….. APPLICANT
AND
KASALA HOLDINGS (K) LTD…….……………. RESPONDENT
R U L I N G
I have read the application by originating motion dated 5th November, 2007 and supporting affidavit. I have also considered the submissions of the learned counsel appearing.
The Applicant has sought, under section 56 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003 (herein called “the Act”), an order to prohibit the withdrawal, transfer or disposal of, or other dealings with, the money held in Account No. 0102012208700 in the name of the Respondent, KASALA HOLDINGS (K) LTD, at National Bank of Kenya Ltd.
I am satisfied from the material placed before the court that the funds in the above-named account include money transferred there on or about 9th July, 2007 from A/C No. 0240291033067 in the name of one MICHAEL AKOKO MBERO in Equity Bank in respect of which this court (Visram, J) issued a prohibitory order under the aforesaid legal provision on 26th June, 2007 in Nairobi HC Misc. Application No. 397 of 2007. Visram, J was satisfied that the applicant therein, Kenya Anti-Corruption Commission, had presented credible prima facieevidence that the funds in the said account had been acquired as a result of corrupt conduct. He was also of the view that the term “property” as used in section 56 (1) of the Act includes money.
I am thus similarly satisfied that there is credible prima facie evidence that the funds held in the subject account herein were acquired as a result of corrupt conduct. I am also persuaded that the term “property” as used in section 56(1) of the Act includes money.
I will thus allow the application and grant the prohibitory order sought. The order, as well as the application, shall be served upon the Respondent within seven (7) days of delivery of this ruling. Costs of the application will be reserved pending any further proceedings herein. There will be orders accordingly.
DATED AT NAIROBI THIS 7TH DAY OF NOVEMBER, 2007
H. P. G. WAWERU
J U D G E
DELIVERED THIS 8TH DAY OF NOVEMBER, 2007