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State sued for freezing Ukrainian's bank accounts

14 May 2015, 09:43 Ken Wekesa

Mombasa - A Ukrainian man who had been deported back to his home has sued the state for freezing his two banks accounts.

Sebastian Kryvskyy through lawyer Gikandi Nguibuini wrote a letter to the DPP asking him to unfreeze his accounts that were frozen after his deportation on March 13.

The Kenyan Government had indicated on his deportation letter that Kryskyy was a member of prohibited class and his presence in the country was contrary to Kenya’s interest.

He was suspected to have committed a series of crimes in Kenya or planning to do so, hence his deportation to avoid the same.

He however denied the allegation leveled against him in the letter and informed the court that he had not committed any offence nor acted in a manner that was prejudicial to the well-being of Kenyans.

He further informed the court that he believes the Cabinet Secretary in charge of the Ministry of Interior and Co-ordination of National Government was misled by the person who reported his misconduct.

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Nguibuini told the court that it was unconstitutional for the respondent to freeze his client’s accounts without notice.

“The respondent has taken a drastic move to freeze my client's bank accounts and yet no notice was served to him; neither was he given a chance to explain himself,” said Nguibuini.

In his letter, Kryvskyy gave conditions to the Ministry that he was willing to have the matter resolved after his accounts have been unfrozen.

He demanded that the Ministry should confirm in writing from their office that he was wrongly cited as a prohibited immigrant.

He also wanted a confirmation from the Ministry that he is free to enter and carry out his businesses in the country.

State Counsel, Daniel Wamotsa said Kryvskyy's letter was displaced since they are not in charge of freezing accounts.

In the application, Cabinet Secretary in charge of the Ministry of Interior and Co-ordination of National Government, Director of Public Prosecutions and the Attorney General have been mentioned as the respondents.

On May 14, Nguibuini had applied for an order from the court to compel the respondents to produce his client before court.

However, Wamotsa said that the application had been overtaken by events since it was clearly shown that his client had been deported.

Justice Matin Muya directed that the AG file his response and the matter be heard on May 20.

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