The applicant has moved this court by way of the Originating Motion dated the 29th July 2025 under Section 56 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003 in which it has sought orders prohibiting the Respondents, their agents, servants or any other persons from transferring, wasting, disposing of or in any other way dealing with the funds held in the bank accounts listed hereunder.
(1) DIB Bank Account number 001505100200002
(2) K.C.B Bank account number 1274665205 for a period of six (6) months.
The application is premised on the grounds set out on the body of the application and it is supported by the annexed affidavit – sworn by Beatrice Oduor on the 29th July, 2025 in which she depones that she is part of the team of investigators that was tasked to conduct investigations touching on allegations of corruption involving the Respondents herein.
The applicant, through the deponent, avers that it received credible information that the permanent secretary together with other senior officials of the State Department for Agriculture - Ministry of Agriculture Livestock, Fisheries and Co-operatives devised a scheme to embezzle public funds disguised as payment of compensation awarded to Halal Meat Products Limited against the Government, pursuant to judgment of an amount of Kshs.1,807,772,000/- delivered on the 25th October 2006 in HCCC No. 1655 of 1986.
That the Applicant received a report that Kshs.275,000,000 being the first tranche of Kshs.1,807,772,000 was transferred from its KCB Bank account Number 1141211696 to Dubai Islamic Bank Account No. 001505100200002 held in the name of Wambugu & Muriuki Advocates upon the instructions of the Principal Secretary of the 2nd Respondent.
The Applicant further states that upon receipt of the funds the 1st Respondent transferred Kshs.261,000,000 to one Kellen Karimi’s bank account number 00151700983901 held at Dubai Islamic Bank, leaving a balance of Kshs.9,352,874.00. That further investigations have established that the amount of Kshs.261,000,000 was subsequently split and moved across several accounts in different banks including an amount of Kshs.5,050,000 to a Mr. Peter Njagi Ndwiga, a senior official and signatory of the 2nd Respondent’s KCB Account.
The applicant’s preliminary investigations have also established that the 1st respondent did not represent any of the parties in HCCC No. 1655/1986 (Halal Meat products limited Vs Attorney General) and that the recipient of that money, one Kellen Karimi was neither a party nor a representative of any party in the suit.
The applicant is reasonably apprehensive that the 2nd respondent shall transfer the second tranche amounting to Kshs.161,000,000 from its KCB account No. 1274665205 to the 1st respondent or any other party disguised as settlement of compensation. That there is a real danger that unless this court issues orders preserving the sum of Kshs.161,000,000 held at KCB A/c No.001517100983901 the Respondents shall alienate the funds to the detriment of the public.
The court has considered the application and the supporting affidavit. From the facts captured in the supporting affidavit as set out above, this court is convinced that the orders sought by the applicant should issue.
I hereby grant prayers (2)(a)(b) and (3) of the application.
It is so ordered.
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L.M. NJUGUNA
JUDGE
30/7/2025
(1) DIB Bank Account number 001505100200002
(2) K.C.B Bank account number 1274665205 for a period of six (6) months.
The application is premised on the grounds set out on the body of the application and it is supported by the annexed affidavit – sworn by Beatrice Oduor on the 29th July, 2025 in which she depones that she is part of the team of investigators that was tasked to conduct investigations touching on allegations of corruption involving the Respondents herein.
The applicant, through the deponent, avers that it received credible information that the permanent secretary together with other senior officials of the State Department for Agriculture - Ministry of Agriculture Livestock, Fisheries and Co-operatives devised a scheme to embezzle public funds disguised as payment of compensation awarded to Halal Meat Products Limited against the Government, pursuant to judgment of an amount of Kshs.1,807,772,000/- delivered on the 25th October 2006 in HCCC No. 1655 of 1986.
That the Applicant received a report that Kshs.275,000,000 being the first tranche of Kshs.1,807,772,000 was transferred from its KCB Bank account Number 1141211696 to Dubai Islamic Bank Account No. 001505100200002 held in the name of Wambugu & Muriuki Advocates upon the instructions of the Principal Secretary of the 2nd Respondent.
The Applicant further states that upon receipt of the funds the 1st Respondent transferred Kshs.261,000,000 to one Kellen Karimi’s bank account number 00151700983901 held at Dubai Islamic Bank, leaving a balance of Kshs.9,352,874.00. That further investigations have established that the amount of Kshs.261,000,000 was subsequently split and moved across several accounts in different banks including an amount of Kshs.5,050,000 to a Mr. Peter Njagi Ndwiga, a senior official and signatory of the 2nd Respondent’s KCB Account.
The applicant’s preliminary investigations have also established that the 1st respondent did not represent any of the parties in HCCC No. 1655/1986 (Halal Meat products limited Vs Attorney General) and that the recipient of that money, one Kellen Karimi was neither a party nor a representative of any party in the suit.
The applicant is reasonably apprehensive that the 2nd respondent shall transfer the second tranche amounting to Kshs.161,000,000 from its KCB account No. 1274665205 to the 1st respondent or any other party disguised as settlement of compensation. That there is a real danger that unless this court issues orders preserving the sum of Kshs.161,000,000 held at KCB A/c No.001517100983901 the Respondents shall alienate the funds to the detriment of the public.
The court has considered the application and the supporting affidavit. From the facts captured in the supporting affidavit as set out above, this court is convinced that the orders sought by the applicant should issue.
I hereby grant prayers (2)(a)(b) and (3) of the application.
It is so ordered.
............................
L.M. NJUGUNA
JUDGE
30/7/2025