Ethics and Anti-Corruption Commission v Equity Bank Kenya & another [2017] KEHC 6089 (KLR)
- Court
- High Court of Kenya
- Case number
- 6089
- Citation
- [2017] KEHC 6089 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAnti-Corruption and Economic CrimesPostureEx-parte Originating Motion for freezing of bank accountCoramAchode, KLR Lenaola, Majanja
Holding
The court dismissed the application to freeze the bank account, finding that the EACC had not established reasonable grounds to suspect that the funds were acquired through corrupt dealings.
Facts
Ethics and Anti-Corruption Commission (EACC) filed an ex-parte motion to freeze a bank account of Equity Bank Kenya Limited, Malindi Branch, in the name of Capital Solutions Limited. The account held a sum of Kshs. 885,303.55.
Issues
- Whether the EACC has established on a balance of probability that the funds in the frozen account were acquired as a result of corrupt dealings to satisfy the threshold for having the bank accounts frozen.
Reasoning
The court ruled that the EACC's affidavits did not provide a sound basis to raise reasonable suspicion of corruption. The EACC had not provided evidence to support their allegations.
Outcome
The application to freeze the bank account was dismissed.
Orders
- The court dismissed the application to freeze the bank account.
Authorities cited
Legislation (1)
- Anti-Corruption and Economic Crimes Act No. 3 of 2003
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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