REPUBLIC OF KENYA HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION & ECONOMIC CRIMES DIVISION ACEC MISC. NO. E024 OF 2026 ETHICS & ANTI-CORRUTPION COMMISSION........... …………...APPLICANT -VERSUSPATRICK ANALOH AKIVAGA …...…………………….….1ST RESPONDENT DAMARIS SINDAVI KAYUGIRA …………………...……..2ND RESPONDENT RULING Before me in the Originating Motion dated 12th June 2026 seeking to restrain the respondent from dealing with 19 landed properties, 18 motor vehicles and Ksh. 23,000/= held in account number 154491–0004 at Equity Investment Bank in the name of the respondent. The application is supported by affidavit of Kawira Rauni sworn on 12th June 2026. It is deponed that the applicant is in the process of investigating allegations of conflict of interest, abuse of office, bribery and possession of unexplained assets against the respondents. The 1st respondent is a public officer employed by the Nairobi City County Government while the 2nd respondent is employed by Vihiga County Government. The two respondents are spouses who are said to have accumulated immense assets that are disproportionate to their known legitimate sources of income. 1|Page
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It is also averred that the respondents acquired the properties sought to be frozen using money received through corrupt conduct. The applicant avers that they conducted a search in the respondent’s residence on 4/6/2026 and seized a total of Ksh. 65,000,000/= in form of Kenyan currency and U.S dollars and there is reasonable apprehension that the respondents may dispose the funds and landed properties which is likely to compromise the results of investigations or make the the properties unreachable. I have considered the averments alongside the annexures to the affidavit. Section 56(1) of ACECA empowers this court to freeze the assets of any person who is suspected to have acquired them through corruption. This is meant to safeguard and secure not only the integrity of the investigations but also public interest by ensuring that the assets are not dissipated beyond the reach of the applicant or the court. I am convinced that the prayers made by the applicant are deserving and I proceed to order as follows: a) The respondents are hereby restrained and/or prohibited from withdrawing transferring, disposing or in any other way dealing with the Government securities/funds worth Ksh. 23,000/= held in account number 154491–0004 at Equity Investment bank in the name of Patrick Analoh Akivaga. b) The respondents are hereby prohibited either through themselves or their agents, servants or any other person from leasing, charging, alienating, wasting, transferring, disposing or in any other way dealing with all or any 2|Page
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of the properties and motor vehicles listed in prayer 3 of the Originating Motion dated 12/6/2026. c) The above orders shall remain in force for a period of six (6) months. d) I make no orders as to costs. e) This file is closed. Dated signed and delivered at Nairobi this 12th 2026. B.M. MUSYOKI JUDGE OF THE HIGH COURT. 3|Page day of June
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