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MagistrateAllowedNot stated in the judgment (Notice of Motion dated 15th April 2024)· [2025] KEMC 215 (KLR)

Capital Markets Authority v Citbank NA Kenya Branch (Miscellaneous Case E659 of 2024) [2025] KEMC 215 (KLR)

Magistrates' Court
21 January 2025
701 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Magistrates' Court allowed the Capital Markets Authority to investigate a Citibank account tied to its Limuru Tea PLC probe.

What this practically means

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Executive summary

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The Capital Markets Authority, the regulator of securities markets, filed an ex-parte Notice of Motion dated 15th April 2024 under Order 51 Rule 1 of the Civil Procedure Rules, sections 11(3)(w), 13(1), 13A(3)(b) and 13B of the Capital Markets Act and section 180 of the Evidence Act, supported by an affidavit of its senior investigations officer, Soita Wasike. The Authority was investigating Limuru Tea PLC, a company listed on the Nairobi Securities Exchange, for alleged regulatory infractions concerning financial management, financial impropriety and corporate governance lapses. Preliminary findings showed significant funds from tea auction sales being settled into a bank account held at the Respondent bank. Summons for information issued on 21st September 2023 were declined by the Respondent, which stated it could only release the documentation upon a court order. The Respondent, represented by Hamilton Harrison & Mathews, appeared but did not oppose the application. The court, framed with the single issue of whether to grant the orders sought, held that the listed company falls within the Applicant's regulatory supervision, that section 13A(3)(b) of the Capital Markets Act conferred the power to make the orders, and that no prejudice would be caused. The court issued a warrant to investigate the specified bank account for the period 2016 to 2021, ordered nomination of authorized persons to certify electronic evidence under section 106B(4) of the Evidence Act, directed service on the bank manager, and made no orders as to costs.

Key legal issues

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01

Whether the court should grant a warrant to investigate a bank account and ancillary orders for electronic-evidence certification in aid of the Capital Markets Authority's investigations

Holding

The application was merited and allowed as prayed; the court found no prejudice would be caused and the orders were within the powers conferred on the Applicant by Parliament.

Reasoning

The Applicant, the capital markets regulator, was investigating Limuru Tea PLC, a listed company within its regulatory supervision, for financial management, impropriety and governance lapses. Preliminary findings flagged funds settled into an account held by the Respondent. The Applicant issued summons for information which the Respondent declined to answer absent a court order. The Respondent, though represented, did not oppose the application. Section 13A(3)(b) of the Capital Markets Act empowered the court to grant the orders, and no prejudice would result.

p. 2

Legal principles established

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  • A company publicly listed on the Nairobi Securities Exchange falls under the regulatory supervision of the Capital Markets Authority.
  • Section 13A(3)(b) of the Capital Markets Act confers on the court power to make investigation orders such as a warrant to investigate a bank account in aid of the regulator's statutory investigative mandate.

Court orders

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  1. 1.A warrant to investigate a bank account to enable the Applicant and/or an officer of relevant rank to access, investigate, inspect, obtain, be supplied with, carry away as exhibits or seize certified copies of account opening documents, RTGS transactions and account statements for the period 1st January 2016 to 31st December 2021 in respect of bank account number 100536439 held in the name of Unilever Tea Kenya Limited at Citibank N.A Kenya
  2. 2.An order compelling the Manager, Citibank NA Kenya to nominate authorized person(s) to make and give a certificate of production of electronic evidence under section 106B(4) of the Evidence Act in respect of certified copies generated electronically that shall be given in compliance with the warrant
  3. 3.The order to be served upon the Manager, Citibank NA Kenya
  4. 4.No orders as to costs of the Application

Authorities

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Legislation

  • Civil Procedure RulesOrder 51 Rule 1
  • Capital Markets ActSection 11(3)(w)
  • Capital Markets ActSection 13(1)
  • Capital Markets ActSection 13A(3)(b)
  • Capital Markets ActSection 13B
  • Evidence ActSection 180
  • Evidence ActSection 106B(4)
Jurisdiction invoked
Section 13A(3)(b) of the Capital Markets Act CAP 485A

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Capital Markets Authority v Citbank NA Kenya Branch (Miscellaneous Case E659 of 2024) [2025] KEMC 215 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of Motion dated 15th April 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/215/eng@2025-01-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.