Family Bank Limited & 2 others v Director of Public Prosecutions & 2 others [2018] KECA 857 (KLR)
- Court
- Court of Appeal
- Case number
- 857
- Citation
- [2018] KECA 857 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High CourtCoramW. KARAN, W. KARANJA, M.K. KOOME
Holding
We find no merit in the application and order it dismissed with costs.
Facts
In 2014-2016, large sums of money were allegedly paid out illegally from the Ministry of Public Service, Youth and Gender Affairs State Department for Public Service and Youth to shadowy entities or individuals, including Josephine Kabura, the sole proprietor of Family Bank.
Issues
- Whether the High Court erred in declining to grant a conservatory/injunctive order prohibiting the prosecution of the appellants for money laundering.
- Whether the High Court erred in finding that administrative action by the appellants acted as a bar to criminal prosecutions for the offences of money laundering.
Reasoning
The Court of Appeal held that the High Court did not misdirect itself in declining to grant the conservatory/injunctive order, as the appellants failed to demonstrate a blatant breach of the Constitution and statute.
Outcome
Appeal dismissed
Orders
- Application dismissed with costs
Authorities cited
Legislation (1)
- POCAMLA (Public Officers Conduct and Misconduct Act)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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