Court blocks KACC move to probe bank account

by Evelyn Kwamboka

The Kenya Anti-Corruption Commission (KACC) has been stopped from investigating a company’s bank account over a parastatal’s contract worth Sh45 million.

High Court judge David Onyancha also quashed a second search warrant obtained by the commission to investigate ABC Metallurgiacs Ltd’s account at Giro Commercial Bank of Kenya.

The judge quashed the warrant obtained before a Kibera Magistrate’s court on grounds that KACC’s officers acted dishonestly in applying for it.

The company filed the case against KACC, Chief Magistrate’s Court and the Attorney General. In his ruling, Justice Onyancha said KACC failed to fully disclose to the lower court that the first warrant was being challenged at the High Court and a ruling on the same was still pending.

Second warrant

KACC failed to disclose to the magistrate’s court it had undertaken not to effect the first warrant until the High Court made its ruling on it.

Onyancha said the commission’s conduct in obtaining the second warrant was unreasonable.

KACC moved to court on July 30, 2009 and obtained a warrant to investigate the company’s account at Giro Commercial Bank of Kenya Ltd, which made the company move to court.

However, as the company was waiting for the High Court ruling to be delivered on October 1, KACC again moved to the Magistrate’s Court and obtained a second warrant, which the High Court also quashed.