BY SAM ALFAN.
The high court has frozen the operation of the Child Welfare Society of Kenya bank account held at the Kenya Commercial Bank.
Justice Weldon Korir issued orders freezing the child welfare society of Kenya account No. 1267069430 of held at the Kenya Commercial Bank’ Capital Hill Branch pending hearing and determination of the matter.
“An interim order is hereby granted freezing the operation of the account No. 1267069430 of the Child Welfare Society of Kenya held at the Kenya Commercial Bank’ Capital Hill Branch pending the mention of the matter before Judge David Majanja on December 17, 2019”, Judge ordered.
The judge also transferred the matter to the Commercial Division and directed it to be placed before Justice David Majanja on the December 17, 2019 for directions.
Omtatah filed application seeking conservatory order suspending solicitor general , ministry of labour and social services, attorney general, the national treasury, Shakila Abdalla, Doris Kinuthia,Ibrahim Maalim, Cherly Majiwa, Peter Ibrae, Abdul Bahari , equity Bank and Welfare Society of Kenya decision to change signatories to the existing accounts of the CWSK, open new accounts of the CWSK and act as agents of the CWSK.
The activists seeks pending the inter-partes hearing and determination of this application or the petition court be pleased to issue a temporary order compelling the respondents to reopen the following accounts of the Child Welfare Society of Kenya held at Equity Bank Kilimani Supreme Branch- Child Welfare Society of Kenya – Towa Account No. 0150295282488, Child Welfare Society of Kenya – (OVC) Account No. 0150291898416, Child Welfare Society of Kenya – Development Account No. 1470262374154, child Welfare Society of Kenya – Account No. 1470262150253, Child Welfare Society of Kenya – Account No. 1470262150225 , Child Welfare Society of Kenya – (Recurrent) Account No. 0150291898458
“Pending the inter-partes hearing and determination of this application and/or the petition, the court be pleased to issue a temporary order closing (or suspending the operation of) Account No.1267069430 of the Child Welfare Society of Kenya held at the Kenya Commercial Bank’s Capital Hill Branch”, added omtatah.
He constitutional rights of the Society’s members have been interfered with whereby the Society has illegally been placed under persons who are not members of the society which is likely to interfere with members’ participation in the management of the Society.
He said on Friday November 15, 2019, some Kshs. 117,200.00 million was transferred to the Bank Account No.1267069430 of the Child Welfare Society of Kenya held at the Kenya Commercial Bank’s Capital Hill Branch.
” There is a great risk that the money will be misappropriated and the petition is a request that monies deposited in the account be returned to the Consolidated Fund”, Omtatah told the court.
He said the opening of the impugned bank account was irregularly facilitated by the solicitor general , ministry of labour and social services and attorney general who are public officials who abused their power and acted ultra vires by meddling in the internal affairs of the Child Welfare Society of Kenya (“the CWSK”) by usurping the functions and powers of the Registered Trustees of the CWSK.
He added that the case is extremely urgent that the application be heard immediately since the respondents have taken action to change signatories to existing accounts of the Child Welfare Society of Kenya, and also to open a new account with signatories who are strangers to the Trustees of the Child Welfare Society (CWSK) of Kenya.
The decision by the respondents to close bona-fide bank accounts belonging to the Child Welfare Society of Kenya, and to irregularly and unlawfully open others not controlled by the trustees of the CWSK, has paralysed the operations of the CWSK and put the lives of the many children in their care in jeopardy.