Ethics and Anti-Corruption Commission v M/S Nyandoro and Company Advocate & another [2017] KEHC 5992 (KLR)
- Court
- High Court of Kenya
- Case number
- 5992
- Citation
- [2017] KEHC 5992 (KLR)
- Decided
- 3 May 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureEx-parte Originating Notice of MotionCoramKLR Majanja, Law, Lenaola
Holding
The Court issued an ex-parte order prohibiting the 1st Respondent and his agents, servants, or any other person from withdrawing, transferring, disposing, or in any other way dealing with the money in the specified account.
Facts
The Ethics and Anti-Corruption Commission (Ethics and Anti-Corruption Commission) filed an ex-parte motion seeking orders to preserve funds in a bank account of M/S Nyandoro and Company Advocate.
Issues
- Whether the Respondent/Applicants have demonstrated reasonable grounds on a balance of probability that the funds in the frozen accounts were not acquired as a result of corrupt dealings.
- Whether the Court has jurisdiction to issue ex-parte orders prohibiting a party from accessing or disposing of property acquired by corrupt means.
Reasoning
The Court found that the Ethics and Anti-Corruption Commission had reasonable grounds to suspect that the funds were illegally and irregularly paid, and that the public interest justified the temporary preservation of the funds.
Outcome
The Court granted the ex-parte order.
Orders
- Prohibiting the 1st Respondent and his agents, servants, or any other person from withdrawing, transferring, disposing, or in any other way dealing with the money in the specified account.
Remedies
- Preservation of the funds in the specified account for a period of six months pending conclusion of investigations.
Authorities cited
Legislation (2)
- Anti-Corruption and Economic Crimes Act, 2003
- Ethics and Anti-Corruption Commission Act, 2011
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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