Republic v Director of Public Prosecutions & 2 others Ex-parte Maryanne Njeri Njoroge & another [2013] KEHC 6508 (KLR)
- Court
- High Court of Kenya
- Case number
- 6508
- Citation
- [2013] KEHC 6508 (KLR)
- Decided
- 23 August 2013
The leave granted to operate as a stay shall operate as a stay in terms of prayer 3 of the Notice of Motion dated 19th August 2013, that is to say, the grant of leave herein do operate as a stay of the Order issued by the Chief Magistrates Court Kibera in Criminal Case No. 209 of 2013 freezing the Applicant’s Account Number [particulars withheld] at Consolidated Bank Ltd, Harambee Avenue Branch, Nairobi.
Facts
The ex-parte applicant, Maryanne Njeri Njoroge, is a partner in the firm of advocates Njoroge Nyagah and Company Advocates. The firm's client account was frozen by the Kibera Chief Magistrates Court on July 24, 2013, in an investigation related to a complaint against Geoffrey Ndungu Gathii. The account was frozen to facilitate the investigation of documents, including account opening and statements.
Issues
- Whether the leave granted should operate as a stay of the orders issued by the subordinate court freezing the ex-parte applicant's client account.
- Whether the freezing of the client account was necessary and reasonable in the circumstances.
Reasoning
The freezing of the client account was unnecessary and unreasonable in the circumstances. The order was a warrant to investigate an account and related documents, which would be available whether or not the funds were frozen. The firm no longer had the money by the time the warrant was executed.
Outcome
The leave granted to operate as a stay shall operate as a stay in terms of prayer 3 of the Notice of Motion.
Orders
- That the grant of leave herein do operate as a stay of the Order issued by the Chief Magistrates Court Kibera in Criminal Case No. 209 of 2013 freezing the Applicant’s Account Number [particulars withheld] at Consolidated Bank Ltd, Harambee Avenue Branch, Nairobi.
- That costs of this application be in the cause.
Remedies
- The client account was frozen to facilitate the investigation of documents, including account opening and statements. The court ruled that the freezing was unnecessary and unreasonable.
- The leave granted to operate as a stay shall operate as a stay in terms of prayer 3 of the Notice of Motion.
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