David Kinyae Isika & another v Ethics & another [2022] KEHC 755 (KLR)

Facts

The 1st Respondent/Applicant seeks to have freezing orders granted to the EACC/Respondent on 26th August, 2021 vacated. The 1st Respondent/Applicant claims the orders were issued due to misrepresentation and non-disclosure of relevant facts.

Issues

1. Whether the applicant is entitled to the discharge or setting aside of the preservation orders issued in regard to his accounts.
2. Whether the applicant has demonstrated undue suffering/hardship that outweighs the risk of the subject money being concealed or transferred.

Reasoning

The court finds that the applicant has not satisfied the requirement to demonstrate undue suffering/hardship that outweighs the risk of the subject money being concealed or transferred. The court can only vacate the preservation orders if it is satisfied on a balance of probabilities that the money was not acquired as a result of corrupt conduct, which can only become evident upon conclusion of the investigations.

Outcome

Application dismissed

Authorities cited