This matter was commenced by the applicant vide originating motion dated 11 th April 2025 brought under Section 56(1) of the Antic-Corruption and Economic Crimes Act Chapter 65 of the Laws of Kenya (hereinafter referred to as ‘ACECA’). Upon consideration of the application, Honourable Justice Kanyi Kimondo made the following orders;
THAT the application is certified urgent and may be considered during the current Easter High Court Recess.
THAT pending conclusion of investigations by the applicant into allegations of corruption or economic crime or institution of any recovery proceedings, an order be and is hereby issued prohibiting the respondents, their agents, servants or any other persons from withdrawing, transferring, disposing or in any other manner dealing with funds held in the 4 bank account as particularized in prayer 2(a) to (d) of the originating motion.
THAT the order above shall remain in force for a period of three months (90 days) only unless otherwise extended by the court.
THAT the Chamber Summons and Originating Motion all dated 11 th April 2025 shall be served forthwith upon all the three respondents for mention/directions inter parties virtually before the court on 10 th July, 2025 at 9.00am, or thereabouts.
On 22-04-2025 the, the respondents filed an application under Section 56(4) of ACECA seeking to discharge the orders of injunction. The court notes that the parties have filed submissions in respect of the application dated 22-04-2025. Having gone through the record, I note that the order by Justice Kanyi Kimondo which was meant to last for ninety days from 11-04-2025 was never extended and the applicant never made an application for extension of the same. Although Section 56(3) provides that the order granted under the Section would last for six months, it is my position that where the court limits, reduces or adds timelines given in a statute, the court order unless set aside should prevail. In that case the period of validity of the orders in this matter remained ninety days which lapsed on 9-07-2025. I would have considered extension of the orders but no application to that effect has been made.
Although the respondents have filed a replying affidavit to the applicant’s application dated 11-04-2025, my reading of the Section 56(1) shows that applications under the same are by nature supposed to be ex-parte. The respondent’s right of audience comes where the applicant has made an application for extension of the orders under Section 56(3) of ACECA.
The validity period of the order issued by Justice Kanyi Kimondo having lapsed and there being no application for extension of the same, the respondent’s application dated 22-04-2025 has been overtaken by events. Consequently, the said application is considered spent. The application by the applicant dated 11-04-2025 is also considered as spent.
This matter file is therefore closed with liberty to the parties to apply.
Dated, signed and delivered at Nairobi this 31 th day of July 2025.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT.
Ruling delivered in presence of Miss Kibogy for the applicant and Mr. Omamo the respondent.
THAT the application is certified urgent and may be considered during the current Easter High Court Recess.
THAT pending conclusion of investigations by the applicant into allegations of corruption or economic crime or institution of any recovery proceedings, an order be and is hereby issued prohibiting the respondents, their agents, servants or any other persons from withdrawing, transferring, disposing or in any other manner dealing with funds held in the 4 bank account as particularized in prayer 2(a) to (d) of the originating motion.
THAT the order above shall remain in force for a period of three months (90 days) only unless otherwise extended by the court.
THAT the Chamber Summons and Originating Motion all dated 11 th April 2025 shall be served forthwith upon all the three respondents for mention/directions inter parties virtually before the court on 10 th July, 2025 at 9.00am, or thereabouts.
On 22-04-2025 the, the respondents filed an application under Section 56(4) of ACECA seeking to discharge the orders of injunction. The court notes that the parties have filed submissions in respect of the application dated 22-04-2025. Having gone through the record, I note that the order by Justice Kanyi Kimondo which was meant to last for ninety days from 11-04-2025 was never extended and the applicant never made an application for extension of the same. Although Section 56(3) provides that the order granted under the Section would last for six months, it is my position that where the court limits, reduces or adds timelines given in a statute, the court order unless set aside should prevail. In that case the period of validity of the orders in this matter remained ninety days which lapsed on 9-07-2025. I would have considered extension of the orders but no application to that effect has been made.
Although the respondents have filed a replying affidavit to the applicant’s application dated 11-04-2025, my reading of the Section 56(1) shows that applications under the same are by nature supposed to be ex-parte. The respondent’s right of audience comes where the applicant has made an application for extension of the orders under Section 56(3) of ACECA.
The validity period of the order issued by Justice Kanyi Kimondo having lapsed and there being no application for extension of the same, the respondent’s application dated 22-04-2025 has been overtaken by events. Consequently, the said application is considered spent. The application by the applicant dated 11-04-2025 is also considered as spent.
This matter file is therefore closed with liberty to the parties to apply.
Dated, signed and delivered at Nairobi this 31 th day of July 2025.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT.
Ruling delivered in presence of Miss Kibogy for the applicant and Mr. Omamo the respondent.