Ethics and Anti-Corruption Commission v Equity Bank of Kenya & another [2018] KEHC 4353 (KLR)
- Court
- High Court of Kenya
- Case number
- 4353
- Citation
- [2018] KEHC 4353 (KLR)
The court directed the manager of Equity Bank Kapenguria to forward documents to the EACC within 14 days, and the Kenya Police Service and Kenya Revenue Authority to provide information to the EACC within 14 days. The preservation orders remain in force, but limited access to Kshs 100,000 per month is granted for the salary account.
Facts
The Ethics and Anti-Corruption Commission (EACC) filed applications seeking preservation of funds in two accounts of Samuel Muriithi Muriuki, a respondent, under sections 56(1) of the Anti-Corruption and Economic Crimes Act (ACECA) and section 11(1)(i) of the Ethics and Anti-corruption Commission Act (EACCA). The EACC alleged that the respondent was involved in acts of corruption, bribery, and economic crimes.
Issues
- Whether the EACC had reasonable grounds to suspect that the funds were acquired through corrupt conduct.
- Whether the preservation orders should be discharged or varied due to inaction by the respondent's employer and banks.
Reasoning
The court found that the EACC had reasonable grounds to suspect corruption and that the respondent's inaction was not furthering justice. The court also considered the respondent's financial situation and granted limited access to funds.
Outcome
The preservation orders remain in force, but with limited access to funds.
Orders
- Manager of Equity Bank Kapenguria to forward documents to the EACC within 14 days.
- Kenya Police Service and Kenya Revenue Authority to provide information to the EACC within 14 days.
- Limited access of Kshs 100,000 per month for the salary account.
Remedies
- Limited access to funds for the respondent.
Authorities cited
Legislation (4)
- Anti-Corruption and Economic Crimes Act (ACECA)
- Ethics and Anti-corruption Commission Act (EACCA)
- Evidence Act (CAP 80)
- Civil Procedure Rules (2010)
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