[2007] KEHC 1592 (KLR)
The court found that the applicant had presented credible prima facie evidence that the funds held in the respondent's bank account were acquired as a result of corrupt conduct, referencing a prior related order and the transfer of funds from an account previously frozen for similar reasons. The court further held...
Source-derived case information.
- Citation
- [2007] KEHC 1592 (KLR)
- Parties
- Applicant: Kenya Anti-Corruption Commission; Respondent: Kowich Philip Onyango
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- ? 859 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Originating Motion for Prohibitory Order
- Outcome
- application allowed; prohibitory order granted
- Legal Topics
- Anti Corruption Orders, Prohibitory Injunctions, Asset Freezing, Economic Crimes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Anti-Corruption Commission
Applicant
Kowich Philip Onyango
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, and is therefore subject to a prohibitory order.
Ratio Decidendi
The court found that the applicant had presented credible prima facie evidence that the funds held in the respondent's bank account were acquired as a result of corrupt conduct, referencing a prior related order and the transfer of funds from an account previously frozen for similar reasons. The court further held that the statutory term 'property' under section 56(1) of the Anti-Corruption and Economic Crimes Act, 2003, encompasses money, thereby making the funds in the respondent's account amenable to a prohibitory order. On this basis, the court granted the application and issued the prohibitory order sought, pending further proceedings.
Court Disposition
application allowed; prohibitory order granted
Orders
- A prohibitory order is issued prohibiting the withdrawal, transfer, disposal of, or other dealings with the money held in Account No. 0110092325900 at Co-operative Bank Limited, Co-op House branch, Nairobi, in the name of Kowich Philip Onyango.
- The order and the application shall be served upon the respondent within seven days of delivery of this ruling.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc Appli 859 of 2007
IN THE MATTER OF AN APPLICATION BY KENYA
ANTI-CORRUPTION COMMISSION FOR AN ORDER UNDER
SECTION 56 OF ANTI-CORRUPTION AND ECONOMIC
CRIMES ACT, NO. 3 OF 2003, TO PROHIBIT THE TRANSFER
OR DISPOSAL OF OR OTHER DEALINGS (HOWSOEVER
DESCRIBED) WITH THE CASH HELD AT CO-OPERATIVE BANK
ACCOUNT NO. 0110092325900
BETWEEN
KENYA ANTI-CORRUPTION COMMISSION …….. APPLICANT
AND
KOWICH PHILIP ONYANGO ……………………. 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. 0110092325900 in the name of the Respondent, KOWICH PHILIP ONYANGO, at Co-operative Bank Limited, Co-op House branch, Nairobi.
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