[2016] KEHC 8117 (KLR)
The court determined that since the ownership of the Kshs.23 million is still under investigation and unresolved, it is just and equitable to preserve the funds in an interest bearing account. To ensure fairness and protect the interests of all parties, the account must be opened in the joint names of the Deputy...
Source-derived case information.
- Citation
- [2016] KEHC 8117 (KLR)
- Parties
- Applicant: Timothy Isaac Bryant; Applicant: Gitonga Gerry Graham; Applicant: Registered Trustees Kenya Youth Hostels Association; Respondent: Inspector General of Police; Respondent: Director of Criminal Investigations Department; Respondent: Adan Ahmed Hassan; Interested Party: Desiral Company Limited; Interested Party: James Osogo; Interested Party: Gideon Chris Maina; Interested Party: Musa Mukangwa; Interested Party: Francis Muthini
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 194 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Funds to Interest Bearing Account Pending Determination of Ownership
- Outcome
- application allowed
- Judges
- LK Kimaru
- Legal Topics
- Interlocutory Orders, Preservation of Property, Pending Investigations, Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Isaac Bryant
Applicant
Gitonga Gerry Graham
Applicant
Registered Trustees Kenya Youth Hostels Association
Applicant
Inspector General of Police
Respondent
Director of Criminal Investigations Department
Respondent
Adan Ahmed Hassan
Respondent
Desiral Company Limited
Interested Party
James Osogo
Interested Party
Gideon Chris Maina
Interested Party
Musa Mukangwa
Interested Party
Francis Muthini
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Funds to Interest Bearing Account Pending Determination of Ownership
Legal Issues
- 1 Whether the sum of Kshs.23 million deposited in court should be transferred to an interest bearing account pending determination of ownership.
- 2 Whether all parties should be joint signatories to the interest bearing account.
Ratio Decidendi
The court determined that since the ownership of the Kshs.23 million is still under investigation and unresolved, it is just and equitable to preserve the funds in an interest bearing account. To ensure fairness and protect the interests of all parties, the account must be opened in the joint names of the Deputy Registrar, the advocates for the Interested Parties, and the Applicants' advocates. This arrangement prevents any party from unilaterally accessing the funds and maintains the status quo until the substantive dispute is resolved. The application to transfer the funds is therefore allowed on these terms.
Court Disposition
application allowed
Orders
- The sum of Kshs.23 million shall be transferred from the court’s account to an interest bearing account at Kenya Commercial Bank High Court Branch Nairobi.
- The interest bearing account shall be opened in the names of the Deputy Registrar Criminal Division Nairobi, Lawrence M. Mbabu & Associates, and Bryant & Associates.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATION NO.194 OF 2013
TIMOTHY ISAAC BRYANT.................................................................1ST.APPLICANT
GITONGA GERRY GRAHAM...............................................................2NDAPPLICANT
(Both practicing law in the firm of Bryant & Associates)
REGISTERED TRUSTEES KENYA YOUTH
HOSTELS ASSOCIATION...................................................................3RDAPPLICANT
VERSUS
INSPECTOR GENERAL OF POLICE...............................................1STRESPONDENT
DIRECTOR OF CRIMINAL INVESTIGATIONSDEPARTMENT.....2NDRESPONDENT
ADAN AHMED HASSAN.................................................................3RDRESPONDENT
AND
DESIRAL COMPANY LIMITED..............................................1STINTERESTED PARTY
JAMES OSOGO.....................................................................2NDINTERESTED PARTY
GIDEON CHRIS MAINA..........................................................3RDINTERESTED PARTY
MUSA MUKANGWA...............................................................4THINTERESTED PARTY
FRANCIS MUTHINI.................................................................5THINTERESTED PARTY
RULING
On 27th June 2014, this court ordered the Applicants to deposit in court a sum of Kshs.23 million pending the hearing and determination of the dispute involving the ownership of the same. On 2nd August 2016, the 2nd, 3rd, 4th & 5th Interested Parties applied to this court to have the said sum of money transferred from the court’s account to an interest bearing account at Kenya Commercial Bank Nairobi High Court Branch in the joint names of the Deputy Registrar of the High Court, Criminal Division Nairobi and Lawrence M. Mbabu & Associates, the advocates for Kenya Youth Hostels Association. The grounds in support of the application are stated on the face of the application. In summary, there are pending police investigations in respect of the ownership of the said sum of money. Pending the conclusion of the investigations, the said Interested Parties requested the court for the said sum of money deposited in an interest earning account. The application is not opposed. However, the Applicants have indicated that the account to be opened should include them as signatories of the account.
This court heard rival submission made by Mr. Mbabu for the Interested Parties, Mr. Laichena for the 1st Interested Party and Mr. Saende for the Applicants. It was clear to this court that there is no dispute between the parties regarding the request made by the said Interested Parties for the said sum of money to be transferred from the court’s account to an interest earning account to be opened. Mr. Mbabu is vehement in his insistence that the Applicants should be excluded from being signatories of the interest earning account. Mr. Saende on his part explained that the issue as to who is entitled to the said sum of money is yet to be resolved. It is in the interest of all the parties that the Applicants be made signatories of the joint account to be opened. The parties to this application concede that the issue regarding the ownership of the money is yet to be determined by the court. There are ongoing criminal investigations that have not been completed. It is only just and fair that the interest bearing account to be opened should have all the protagonists as joint signatories.
In the premises therefore, the application for the sum of Kshs.23 million to be transferred from the court’s account to an interest bearing account at Kenya Commercial Bank High Court Branch Nairobi is hereby allowed. The interest bearing account shall be opened in the names of the Deputy Registrar Criminal Division Nairobi, Lawrence M. Mbabu & Associates and Bryant & Associates. It is so ordered.
DATED AT NAIROBI THIS 28TH DAY OF SEPTEMBER 2016
L. KIMARU
JUDGE