Assets Recovery Agency v Mike Sonko Mbuvi Gideon Kioko

The Court reiterated the long-standing principle from Western College of Arts and Applied Sciences v EP Oranga, reaffirmed in George ole Sangui v Kedong Ranch Ltd and numerous subsequent decisions, that a dismissal order confers no relief and determines only that the claimant was not entitled to the reliefs sought. Such an order cannot be enforced or executed, and the act of dismissal itself cannot be stayed. The applicant's reliance on section 97 of POCAMLA was inept, since if that provision granted automatic continuation of the preservation order, no stay application would be necessary.

Counsel for the applicant invoked section 97 of POCAMLA, contending that a preservation order remains in force pending the outcome of any appeal. The respondent countered that under section 89(1)(b) of POCAMLA a preservation order stands rescinded upon conclusion of proceedings. The Court observed that if section 97 truly granted automatic continuation of the preservation order, the applicant would have no need to pursue a stay under rule 5(2)(b), exposing an irony in its own submissions.