Music Copyright Society of Kenya v Chief Magistrate’s Court & Inspector General of Police [2015] KEHC 7883 (KLR)
- Court
- High Court of Kenya
- Case number
- 7883
- Citation
- [2015] KEHC 7883 (KLR)
- Decided
- 3 November 2015
The 2nd Respondent (Inspector General of Police) is granted twenty-one (21) days to conclude its investigations and take appropriate action. During this period, the order issued by the magistrate's court freezing the Applicant's account shall remain in place.
Facts
The Music Copyright Society of Kenya's accounts were frozen by the Chief Magistrate's Court at the request of the police due to complaints of misappropriation of funds by members of the society. The society moved to the High Court seeking to have the orders issued by the magistrate's court stayed.
Issues
- Whether the Applicant made a case for the court to invoke its jurisdiction under Section 362 of the Criminal Procedure Code
- Whether the magistrate's court's order to freeze the Applicant's accounts was justified
Reasoning
The court found that the police have not concluded their investigations and that the Applicant has a legitimate concern to have its operations return to normal. The court ordered the 2nd Respondent to conclude its investigations within 21 days.
Outcome
The 2nd Respondent is granted 21 days to conclude investigations and take appropriate action.
Orders
- The order issued by the magistrate's court freezing the Applicant's account shall remain in place during the 21-day period
Remedies
- The Applicant shall be at liberty to renew the application for the unfreezing of the account after the expiry of 21 days
Authorities cited
Legislation (2)
- Criminal Procedure Code
- National Police Service Act
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