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Kenya Anti-Corruption Commission v. Republic, Chief Magistrate's Court Kibera, Attorney General, ABC Metallurgiacs Ltd & Giro Commercial Bank of Kenya Ltd

(2013) JELR 100134 (CA)

Court of Appeal  •  Civil Appeal 284 of 2009  •  18 Oct 2013  •  Kenya

Coram
Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The brief background to this appeal is that the appellant, the Kenya Anti-Corruption Commission moved to the Kibera Chief Magistrates Court and presented an exparte Notice of Motion in Misc. Criminal Application No. 217 of 2009, under section 180 of the evidence Act cap 80 Laws of Kenya, section 23 of the Anti-corruption and Economic Crimes Act, No.3 of 2003, and all other enabling provisions of the law. It sought, inter alia, a warrant to be issued to Mrs.Umazi Rinya, a forensic investigator, or any other investigator duly appointed by the appellant to investigate, inspect and lift copies of statements, bankers books and an original cheque in respect of account number 3006082 CD/1 Giro Bank Limited Kimathi Street Branch, Nairobi, and 0102472004 Commercial Bank of Africa Limited, Upper Hill Branch, Nairobi held in the names of ABC Metallurgiacs Limited and Kenya Pipeline Company Limited, respectively.

The application was grounded on the affidavit of Mrs. Umazi Riny…

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