Assets Recovery Agency v Lawpro Consultant Ltd & 2 others Kelvin Mayne Sylvia Juliette(Interested Party) [2020] KEHC 4616 (KLR)
- Court
- High Court of Kenya
- Case number
- 4616
- Citation
- [2020] KEHC 4616 (KLR)
- Decided
- 17 June 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal Revision ApplicationPostureApplication for revision of the ruling and order of Hon. M. Mutuku (SRM) dated 3 rd March 2020CoramMUMBI NGUGI
Holding
The court found the ruling irrational and granted an order for revision under section 362 of the Criminal Procedure Code.
Facts
The Assets Recovery Agency applied for revision of the ruling and order of Hon. M. Mutuku (SRM) dated 3 rd March 2020, which restricted debits in an Eco-Bank account held by Lawpro Consultants Limited.
Issues
- Clarification of the court's powers to revise subordinate court decisions
- Rationality of the court's decision to extend time for investigation
Reasoning
The court ruled that the order was irrational as it did not serve the purpose for which it was intended and was not prospective.
Outcome
The court granted an order for revision under section 362 of the Criminal Procedure Code.
Orders
- Recall of the Chief Magistrate’s Court for review
- Stay of the ruling lifting the restriction of debits in the Eco-Bank account
- Grant of 14 days for the applicant to complete its investigations
Remedies
- Completion of investigations expeditiously
- Lifting of orders restricting debits from the subject account if investigations are not completed within 14 days
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Proceeds of Crime and Anti Money Laundering Act 2009
Cases cited (2)
- Section 362 of the Criminal Procedure Code
- Section 364 of the Criminal Procedure Code
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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