The court has considered the exparte Originating Motion dated the 3rd day of March 2025 together with the supporting affidavit and the certificate of urgency.
The application is based on the grounds set out on the body of the same and it is supported by the affidavit sworn by Felix Asete on the 3rd day of March 2025.
The motion that is brought under Section 56 of the Anti-Corruption and Economic Crimes Act, 2003 seeks the following orders:-
1) That the same be certified as urgent.
2) The court be pleased to issue an order prohibiting the respondents, their agents, servants or any other persons from withdrawing, transferring, disposing or in any other way dealing with the funds held in the bank accounts as follows:-
i) Fixed deposit A/c No. 0990385712105 Equity Bank Lodwar Branch
ii) Fixed deposit A/c No. 0990385449323 Equity Bank Lodwar Branch
3) The order shall subsist for a period of six (6) months
4) There be no order as to costs.
According to the affidavit of Felix Asete, the 1st Respondent is employed as a security warder by the county Government of Turkana and he is the sole proprietor of the 2nd and 3rd Respondents as well as the sole signatory of the companies’ bank accounts.
The 2nd and the 3rd Respondents were registered on 4th November 2022 and 29th November 2022 respectively, and in the course of two (2) years, the Respondents have received a total of Kshs.178,837,443 and Kshs.85,000,000 respectively.
That other than from County Government of Turkana, the 2nd and 3rd Respondents have not received any transfers from any entity, public or private, in the course of the two (2) years.
The Applicant avers that it is reasonably suspected that the 2nd and 3rd Respondents are Shell companies used as conduits for laundering the embezzled public funds by senior County officials to disguise and give the funds a cloak of legitimacy.
That pending the completion of investigations, there is a reasonable apprehension that the respondents may withdraw or transfer the funds to the detriment of the public unless the orders sought herein are issued.
In view of the aforegoing, this court is satisfied that the orders sought for are merited and it is in the interest of justice that the same be issued.
I hereby grant prayers (2) and (3) of the application, with no orders as to costs.
The file is marked as closed.
L.M. NJUGUNA
JUDGE
3/3/2025
The application is based on the grounds set out on the body of the same and it is supported by the affidavit sworn by Felix Asete on the 3rd day of March 2025.
The motion that is brought under Section 56 of the Anti-Corruption and Economic Crimes Act, 2003 seeks the following orders:-
1) That the same be certified as urgent.
2) The court be pleased to issue an order prohibiting the respondents, their agents, servants or any other persons from withdrawing, transferring, disposing or in any other way dealing with the funds held in the bank accounts as follows:-
i) Fixed deposit A/c No. 0990385712105 Equity Bank Lodwar Branch
ii) Fixed deposit A/c No. 0990385449323 Equity Bank Lodwar Branch
3) The order shall subsist for a period of six (6) months
4) There be no order as to costs.
According to the affidavit of Felix Asete, the 1st Respondent is employed as a security warder by the county Government of Turkana and he is the sole proprietor of the 2nd and 3rd Respondents as well as the sole signatory of the companies’ bank accounts.
The 2nd and the 3rd Respondents were registered on 4th November 2022 and 29th November 2022 respectively, and in the course of two (2) years, the Respondents have received a total of Kshs.178,837,443 and Kshs.85,000,000 respectively.
That other than from County Government of Turkana, the 2nd and 3rd Respondents have not received any transfers from any entity, public or private, in the course of the two (2) years.
The Applicant avers that it is reasonably suspected that the 2nd and 3rd Respondents are Shell companies used as conduits for laundering the embezzled public funds by senior County officials to disguise and give the funds a cloak of legitimacy.
That pending the completion of investigations, there is a reasonable apprehension that the respondents may withdraw or transfer the funds to the detriment of the public unless the orders sought herein are issued.
In view of the aforegoing, this court is satisfied that the orders sought for are merited and it is in the interest of justice that the same be issued.
I hereby grant prayers (2) and (3) of the application, with no orders as to costs.
The file is marked as closed.
L.M. NJUGUNA
JUDGE
3/3/2025