Ethics & Anti-Corruption Commission (EACC) v Samuel Kimathi & Daniel Kithinka Rukunga [2018] KEELC 3375 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MERU

ELC MISC NO. 15 OF 2018

IN THE MATTER OF:  THE ANTI-CORRUPTION AND ECONOMIC CRIMES ACT NO. 3 OF 2003

AND

IN THE MATTER OF:  AN APPLICATION BY THE ETHICS AND

ANTI-CORRUPTION COMMISSION FOR AN ORDER UNDER SECTION 56(1)

OF THE ANTI-CORRUPTION AND ECONOMIC CRIMES ACT NO. 3 OF 2003

TOPROHIBIT THE TRANSFER OR DISPOSAL OF OR OTHER DEALINGS

(HOWSOEVER DESCRIBED) WITH THE MERU BLOCK 1/319, MILIMANI ESTATE

ETHICS & ANTI-CORRUPTION

COMMISSION (EACC).................................APPLICANT

VERSUS

SAMUEL KIMATHI...........................1ST RESPONDENT

DANIEL KITHINKA RUKUNGA.....2ND RESPONDENT

RULING

1. The application filed on 4. 5.2013 seeks the following orders;

i. That this honourable be pleased to issue prohibitory orders prohibiting the respondents by themselves, their servants, agents or through any other manner whatsoever from transferring, disposing of, wasting, charging or in any other manner dealing with the parcel of land number known as MERU BLOCK/319 measuring 0. 1407 ha situated in Milimani Estate within Meru township for a period of six (6 months).

2. Pursuant to provision of section 56 of the Anti-corruption and Economic Crimes Act No. 3 of 2003, an order is hereby issued prohibiting the respondents by themselves, their servants, agents or through any other manner whatsoever from transferring, charging or in any other manner dealing with parcel of land known as Meru Block No. 1/319 MILIMANI ESTATE, for a period of 6 months.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 15th DAY OF  MAY, 2018 IN THE PRESENCE OF:-

Court Assistant:Janet/Galgalo

Kyeli for applicant

HON. LUCY. N. MBUGUA

ELC JUDGE