[2007] KEHC 582 (KLR)
The court found that the applicant had provided sufficient evidence, through affidavits and supporting documents, to demonstrate that the property in question was likely acquired as a result of corrupt conduct. Relying on the statutory mandate under section 56 of the Anti-Corruption and Economic Crimes Act and the...
Source-derived case information.
- Citation
- [2007] KEHC 582 (KLR)
- Parties
- Applicant: Kenya Anti-Corruption Commission; Respondent: Sondat Holdings Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 18 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Originating Motion for Prohibitory Order
- Outcome
- application allowed
- Legal Topics
- Asset Freeze Orders, Corrupt Acquisition of Property, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Anti-Corruption Commission
Applicant
Sondat Holdings Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Originating Motion for Prohibitory Order
Legal Issues
- 1 Whether the applicant has provided sufficient evidence that the property was acquired as a result of corrupt conduct to justify a prohibitory order under section 56 of the Anti-Corruption and Economic Crimes Act.
- 2 Whether the court should prohibit the transfer or other dealings with L.R. NO. 22166 (I.R. NO. 71344) for six months.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence, through affidavits and supporting documents, to demonstrate that the property in question was likely acquired as a result of corrupt conduct. Relying on the statutory mandate under section 56 of the Anti-Corruption and Economic Crimes Act and the reasoning in a previous similar case, the court determined that it was appropriate to grant a prohibitory order to prevent the transfer or other dealings with the property for a period of six months. The court reserved the issue of costs pending further proceedings.
Court Disposition
application allowed
Orders
- A prohibitory order is granted prohibiting the transfer or other dealings with L.R. NO. 22166 (I.R. NO. 71344) for six months from the date of the order.
- Costs of the application are reserved pending further proceedings.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
Civil Case 18 of 2007
KENYA ANTI-CORRUPTION COMMISSION …..……APPLICANT
V E R S U S
SONDATE HOLDINGS LIMITED ……………..…...RESPONDENT
R U L I N G
This is an application (by originating motion dated 18th July, 2007) by the KENYA ANTI-CORRUPTION COMMISSION (hereinafter called “the Applicant”) under section 56 of the Anti-Corruption and Economic Crimes Act, No.3 of 2003 (hereinafter called “the Act”). Under sub-section (1) of that section, this court may, on an ex parte application by the Applicant, make an order prohibiting the transfer or disposal of, or other dealing with, property “on evidence that the property was acquired as a result of corrupt conduct”.
The Applicant seeks against the Respondent, SONDATE HOLDINGS LIMITED, an order to prohibit the transfer of, or other dealings with, the property known as L.R. NO. 22166 (I.R. NO. 71344) for a period of six months from the date of the order. There are two supporting affidavits. The first one is sworn by one YUVINALIS ANGIMA, an investigator, duly appointed, working with the Applicant. To it are annexed many and varied documents. The second supporting affidavit is sworn by one PETER JAMES KAMWARA; he describes himself as “the Head of Forest Survey and Mapping in the newly inaugurated Kenya Forest Service … established under the Forests Act, 2005”. He further states that prior to that appointment he was the head of the survey and mapping section within the Department of Forestry working under the Director of Forestry. There are three documents annexed to this affidavit.
I have carefully considered the submissions made by the learned counsel for the Applicant. I have also closely perused the two supporting affidavits and the documents annexed thereto. The parcel of land the subject-matter of these proceedings is one of thirty-five (35) sub-divisions of the original land parcel L.R. No. 12835 (Grant No. I.R. 37653). I had occasion in Nairobi Misc. Application No. ELC 16 of 2007 (Kenya Anti-Corruption Commission v Vibco Limited) to consider a similar application involving five (5) of the thirty-five (35) sub-divisions. I do not intend to repeat the exercise. Therefore, for the reasons given in the ruling dated 19th July 2007 in the aforesaid application, I will allow the present application. I will grant the prohibitory order sought. Costs of the application will be reserved pending any further proceedings herein. Those will be the orders of the court.
DATED AT NAIROBI THIS 1ST DAY OF AUGUST, 2007
H. P. G. WAWERU
J U D G E
DELIVERED THIS 3rd DAY OF AUGUST, 2007