Mombasa court refuses to ‘unfreeze’ civil societies’ accounts

The Mombasa High Court has declined to unfreeze the accounts of the Muslims for Human Rights and Haki Africa Organizations.

This comes just a few weeks after they were de-registered by the government for allegedly funding terrorist activities.

The court, however, asked the Inspector General of Police not to label the two organizations as terrorist outfits.

In his ruling, Justice Anyara Emukhule ordered the Inspector General of Police not to make recommendations to the Interior Cabinet Secretary to have the two NGOs declared as terrorist organizations.

“They shall issue a conservatory order by way of an injunction restricting the first respondent from recommending the Cabinet Secretary to declare the first and second petitioners as specified entities until the hearing and determination of the petition hearing,” ruled Justice Emukhule.

The Judge said he could not unfreeze the bank accounts as requested by the two organizations because the finance reporting committee and the Central Bank of Kenya, bodies which have been identified as the original source of the orders to freeze the bank accounts were not enjoined as parties to the application filed by Haki Africa and Muhuri.

Freezing accounts was unconstitutional

“In light of rule 11 sub rule two of the provision terrorism regulations 2013 which provides a designation or sanctions list circulated by Cabinet Secretary to the Treasury or committee shall be deemed to authorize the reporting institution to freeze the funds of the entity until further notice.”

The Attorney General through Counsel Wanjiru Kariuki and the Director of Public Prosecutions represented by Senior Assistant Director of Public Prosecutions Alexander Muteti had asked the court not to unfreeze the accounts because the state had found new evidence linking the two NGOs with terror funding.

Muteti said the state had also established that Haki Africa was not a registered entity as required by the NGO Co-ordination Board Act.

The two NGOs had argued that the freezing of the accounts was unconstitutional and done out of malice.

The two NGOs were also ordered to pay costs of the suit but officials indicated that they might file an appeal.