[2015] KEHC 7808 (KLR)
The court held that while the police have a legitimate duty to investigate allegations of fraud or theft, the applicants. clients. account is protected by law and holds funds for multiple clients. A blanket freeze on such an account is not justified indefinitely, as it impedes the advocates. legal obligations to...
Source-derived case information.
- Citation
- [2015] KEHC 7808 (KLR)
- Parties
- Applicant: Republic; Respondent: Lumumba & Lumumba Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 318 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application Regarding Freezing of Account
- Outcome
- Police granted ten days to conclude investigations; matter to be mentioned for further orders; freeze not to continue indefinitely.
- Judges
- AW Macharia
- Legal Topics
- Freezing Orders, Client Accounts, Police Investigations, Advocates Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lumumba & Lumumba Advocates
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application Regarding Freezing of Account
Legal Issues
- 1 Whether the continued freezing of the applicants. client account is justified pending police investigations.
- 2 Whether the police should be granted more time to conclude investigations into alleged stolen money deposited in the applicants. account.
- 3 Whether a blanket freeze on a clients. account of practicing advocates is lawful and proportionate.
Ratio Decidendi
The court held that while the police have a legitimate duty to investigate allegations of fraud or theft, the applicants. clients. account is protected by law and holds funds for multiple clients. A blanket freeze on such an account is not justified indefinitely, as it impedes the advocates. legal obligations to their clients. The court found that the police had already had sufficient time (one and a half months) to conduct investigations and that further delay would be prejudicial. Therefore, the police were granted a final period of ten days to conclude investigations and file a report with recommendations, failing which the freeze would be lifted in favour of the applicants.
Court Disposition
Police granted ten days to conclude investigations; matter to be mentioned for further orders; freeze not to continue indefinitely.
Orders
- Police to conclude investigations and file a report with recommendations within ten days from the date of the ruling.
- Matter to be mentioned on 19th October 2015 for further directions.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
HIGH COURT MISC. CRIMINAL APPLICATION NO.318 OF 2015
(Arising from original conviction and sentence in Cr. Misc. No. 290 of 2015 of the Chief Magistrate’s Court at Kiambu)
REPUBLIC……………………………………………....................……APPLICANT
VERSUS
LUMUMBA & LUMUMBA ADVOCATES……….....................…….RESPONDENT
RULING
Pursuant to the Notice of Motion dated 10th September 2015, by the Applicants, I have considered the rival submissions by the respective advocates for the parties. It is not in doubt that the account that was frozen, being account No. 0170292003348 belonging to the Applicants is their clients’ account.
The Applicants being practicing advocates are mandated by the Law, specifically the Advocates Act to maintain a clients’ account. It follows that, that account holds monies belonging to various clients of the Applicants. It is then not prudent to impose a blanket shut down of the said account as this would negatively impact on the Applicants’ Legal mandate. That said though, the police have a duty and are obligated by the law to carry out any investigations of fraud or theft that may be filed with them. To this extent, it is their duty as alleged by the respondent to carry out investigations that some stolen money may have been deposited in the Applicants’ account. But again those investigations cannot take endless time. In that regard, this court must play a balancing role so as to ensure that even as the investigations are on-going, the Applicants’ account is not held at ransom to the detriment of their legal obligation to their clients.
Having made those observations, my view is that the police should be given sufficient time to conduct their investigations with conclusive recommendations of what they intend to do with the Applicants’ account. I am minded that the Applicants’ account was frozen on 21st August 2015. It is now one and a half months since this date during which period it is expected that the police ought to have concluded the investigations. Accordingly, in balancing the interests of justice, I shall give the police only ten days from the date hereof to conclude their investigations. Those investigations must come up with recommendations of either to criminally hold the Applicants liable or to exonerate them entirely. The matter will be mentioned on 19th October 2015 when the police will file their report failing which this court will not hesitate to rule in favour of the Applicants. It is so ordered.
DATED AND DELIVERED THIS 8TH DAY OF OCTOBER, 2015
G. W. NGENYE – MACHARIA
JUDGE
Ms. Mbonye for the Applicant
Mr. Muriithi for the Respondent