High Court 1253 of 2026

SM v Absa Bank Kenya Plc (Miscellaneous Application E002 of 2026) [2026] KEHC 1253 (KLR) (5 February 2026) (Ruling) Neutral citation: [2026] KEHC 1253 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA MISCELLANEOUS APPLICATION E002 OF 2026 MS SHARIFF, J FEBRUARY 5, 2026 BETWEEN SM ............................................................................................................... APPLICANT AND ABSA BANK KENYA PLC ................................................................. RESPONDENT RULING 1. Whereas the applicant Sarah Mutama had approached this court vide Bungoma HCFMisc E001 of 2026 craving for orders to access the account of one PM I.D. No. 09xxx9 and Account No. 45xxxx72 held at Absa Bank Kenya PLC Bungoma Branch, and I had dismissed the application, she has yet again filed a similar application in Bungoma HCFMisc No. E002 of 2026 craving for the same orders. Upon perusal of both files I noted the following discrepancies. 1. In the HCFMisc E001 of 2006 the subject PM was said to be suffering from mental illness while in file HCFMisc E002 of 2026 he is said to be extremely ill. 2. In file No. HCFMisc E001 of 2026 one AOM describes herself as a wife of PM in an account dated 26.1.2026. while in this file she describes herself in an affidavit sworn on 28.1.2026 as a daughter. 3. In this file the same person as signed the affidavits of Sarah Mutama and AOM. Premised upon the above reason I do hereby direct the Director of Criminal Investigation Bungoma to investigate this matter and file a report in court 14 days from the date hereof. 4. Mention on 19.2.2026 5. PM to attend court. DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 5TH DAY OF FEBRUARY, 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1253/eng@2026-02-05 1

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