I have read the originating motion dated 26 th January 2026 and affidavit in support of the same sworn by Philemon Chepkwony on 26 th January 2026. I have taken note that other than statements of bank accounts said to belong to companies associated with the respondents, there is nothing else that shows that the respondent engaged in the contracts the applicant has alluded to. The only information I have been given so far in the said affidavit is that the 1 st respondent is an employee of Nakuru County and that she is a spouse to the 2 nd respondent.
The statements exhibited as PC-3(a) and (b) show narrations of transactions which suggests that Nakuru County is involved. I do believe that the applicant should have done better than what this court has been provided with. Actually, nothing in annexure PC-3(a) shows that the account belongs to any of the said companies.
The account the applicant is seeking to freeze is a joint one held by the respondents. The amount in that account is shown to have been transferred from an account held by Windcom Solutions Limited which is owned by the 2 nd respondent and one Brian Mwenda Ndubi whose relationship with the respondents has not been disclosed. This account of Windcom Solutions has not been linked to transactions with the Nakuru County Government. The exhibited statement does not have a single credit from the Nakuru County Government except some few credits from Naivasha Sub-County Health and which were done before the 1 st respondent joined the County Government. The account continued receiving credits from the same facility after the 1 st respondent joined the County Government which means that the company continued trading with the hospital. I am of course mentioning this on assumption that the said Health facility could be an institution run by the County. The same can be said of transaction coming from Rift Valley Provincial Hospital. There is no much to say about Murichamba Investments Limited except some 3,000,000/= seen leaving the account to undisclosed destination on 4/8/20225, 950,000/= on 12 th August, 2025 and Kshs 700,000/= on 18 th August, 2025.
There seems to be more information the applicant is withholding from the court as I do not believe that they have not commenced investigations relating to the tenders. This court should have been told the specific suspected tenders the applicant is investigating. Freezing of account involves constricting someone’s economic activities and the applicant should not expect the court to take its word for the gospel truth. Firm ground must be laid.
However, since there is a semblance of the respondents trading with the County Government however remote it appears, I will exercise my discretion reluctantly in favour of the applicant and give the following orders; -
a) Prayer 2 of the application dated 26 th January, 2026 is granted to last for four months only.
b) The applicant shall file a supplementary affidavit to cure the gaps I have identified in this ruling.
c) I will mention this matter on 24 th May 2026 for consideration of the progress the applicant would have made in its investigations and whether it deserves extension of the orders.
Dated, signed and delivered at Nairobi this 26 th day of January 2026.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT .
The statements exhibited as PC-3(a) and (b) show narrations of transactions which suggests that Nakuru County is involved. I do believe that the applicant should have done better than what this court has been provided with. Actually, nothing in annexure PC-3(a) shows that the account belongs to any of the said companies.
The account the applicant is seeking to freeze is a joint one held by the respondents. The amount in that account is shown to have been transferred from an account held by Windcom Solutions Limited which is owned by the 2 nd respondent and one Brian Mwenda Ndubi whose relationship with the respondents has not been disclosed. This account of Windcom Solutions has not been linked to transactions with the Nakuru County Government. The exhibited statement does not have a single credit from the Nakuru County Government except some few credits from Naivasha Sub-County Health and which were done before the 1 st respondent joined the County Government. The account continued receiving credits from the same facility after the 1 st respondent joined the County Government which means that the company continued trading with the hospital. I am of course mentioning this on assumption that the said Health facility could be an institution run by the County. The same can be said of transaction coming from Rift Valley Provincial Hospital. There is no much to say about Murichamba Investments Limited except some 3,000,000/= seen leaving the account to undisclosed destination on 4/8/20225, 950,000/= on 12 th August, 2025 and Kshs 700,000/= on 18 th August, 2025.
There seems to be more information the applicant is withholding from the court as I do not believe that they have not commenced investigations relating to the tenders. This court should have been told the specific suspected tenders the applicant is investigating. Freezing of account involves constricting someone’s economic activities and the applicant should not expect the court to take its word for the gospel truth. Firm ground must be laid.
However, since there is a semblance of the respondents trading with the County Government however remote it appears, I will exercise my discretion reluctantly in favour of the applicant and give the following orders; -
a) Prayer 2 of the application dated 26 th January, 2026 is granted to last for four months only.
b) The applicant shall file a supplementary affidavit to cure the gaps I have identified in this ruling.
c) I will mention this matter on 24 th May 2026 for consideration of the progress the applicant would have made in its investigations and whether it deserves extension of the orders.
Dated, signed and delivered at Nairobi this 26 th day of January 2026.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT .