Before this court is an Exparte Originating Motion dated the 8/7/2025 brought under Section 56 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003. It is premised on the grounds set out on the body of the same and it is supported by the annexed affidavit sworn by Danso Siba, on even date.
The applicant has sought for an order prohibiting the respondents, their agents, servants or any other persons from withdrawing, transferring, disposing or in any other way dealing with funds in the Bank accounts listed therein to enable the applicant to complete its investigations before instituting recovery proceedings.
The applicant has averred that it received a report to the effect that the 6th Respondent who is a public official and the current Governor of County Government of Kiambu, while serving in the senate committee on Roads Transportation and Housing between 2017 and 2022, unlawfully and/or illegally acquired monies amounting to over Kshs.700 million.
That upon Preliminary investigations, the applicant has so far established that the 6th Respondent in an abuse of his position of trust, in conflict of interest to the position he held in the parliamentary committee, and in collusion with others, engaged in private contracts with the Government agencies responsible for transport, public works, construction and roads maintenance.
That further investigations by the applicant have revealed that by engaging in private contracts with the said agencies, he unlawfully obtained and benefitted himself to the tune of over Ksh.700 million through procurement contracts awarded to business entities, the 1st – 5th respondents herein, in which, the 6th respondents is a direct and/or beneficial owner.
That as a result, there is need to preserve the funds and freeze the accounts, for a period of six months pending the conclusion of investigations and institution of the recovery proceedings.
This court has considered the application and the supporting affidavit. The application has been brought under Section 56 of ACECA which donates the jurisdiction to make orders sought for in the application.
From the facts as stated in the supporting affidavit, I am satisfied that there is need to grant the orders sought herein. Prayer (2) (i), (ii), (iii), (iv) and II of the application are hereby granted.
It is so ordered.
.................................................
L.M. NJUGUNA
JUDGE
9/7/2025
The applicant has sought for an order prohibiting the respondents, their agents, servants or any other persons from withdrawing, transferring, disposing or in any other way dealing with funds in the Bank accounts listed therein to enable the applicant to complete its investigations before instituting recovery proceedings.
The applicant has averred that it received a report to the effect that the 6th Respondent who is a public official and the current Governor of County Government of Kiambu, while serving in the senate committee on Roads Transportation and Housing between 2017 and 2022, unlawfully and/or illegally acquired monies amounting to over Kshs.700 million.
That upon Preliminary investigations, the applicant has so far established that the 6th Respondent in an abuse of his position of trust, in conflict of interest to the position he held in the parliamentary committee, and in collusion with others, engaged in private contracts with the Government agencies responsible for transport, public works, construction and roads maintenance.
That further investigations by the applicant have revealed that by engaging in private contracts with the said agencies, he unlawfully obtained and benefitted himself to the tune of over Ksh.700 million through procurement contracts awarded to business entities, the 1st – 5th respondents herein, in which, the 6th respondents is a direct and/or beneficial owner.
That as a result, there is need to preserve the funds and freeze the accounts, for a period of six months pending the conclusion of investigations and institution of the recovery proceedings.
This court has considered the application and the supporting affidavit. The application has been brought under Section 56 of ACECA which donates the jurisdiction to make orders sought for in the application.
From the facts as stated in the supporting affidavit, I am satisfied that there is need to grant the orders sought herein. Prayer (2) (i), (ii), (iii), (iv) and II of the application are hereby granted.
It is so ordered.
.................................................
L.M. NJUGUNA
JUDGE
9/7/2025