Ethics and Anti-Corruption Commission VS FELIX MECHA NYAKUNDI

RULING
Whereas this application was coming for direction today I note that the same is not opposed and so as to save judicial time, and noting from the affidavit of service that the Respondent was duly served with the application but has not responded hence the application is unopposed; it would be prudent for this court to consider the application at this stage.
Section 56(3) of the Anti-Corruption and Economic Crimes Act (the ACECA) gives discretion to this court to extend a preservation order upon the application of the EACC.  That discretion is unfettered save that it must always be exercised judicially.
I take note that the application was filed before the order sought to be extended lapsed.  I have also perused the application, the grounds on its face and the supporting affidavit and I am satisfied that it discloses reasonable grounds.  The application is therefore found to be merited and accordingly it is allowed and the orders be and are hereby extended for a further six months from the date they had been gazetted.  It is so ordered.
E N MAINA
JUDGE
19/9/2024