Lilian Wanja Muthoni Mbogo t/a Sahara Consultants & 5 others v Assets Recovery Agency (Civil Appeal (Application) E221 of 2020) [2022] KECA 48 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 48
- Citation
- [2022] KECA 48 (KLR)
- Decided
- 4 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to amend the memorandum of appealCoramHANNAH OKWENGU
Holding
The Court grants leave to amend the memorandum of appeal as the new issues raised are issues of law anchored on the findings made by the learned Judge.
Facts
The applicants are challenging the findings of the learned Judge regarding the Proceeds of Crime and Anti Money Laundering Act (POCAMLA) and the issuance of an order of forfeiture.
Issues
- challenge to the finding of the learned Judge regarding POCAMLA
- question the propriety of the proceedings against minors
- challenge the issuance of the order of forfeiture without satisfying that the funds were proceeds of crime
- fault the application of the legitimacy of source of funds test applicable in criminal proceedings
Reasoning
The Court finds that the new issues raised are not frivolous and addressing them during the appeal hearing would help determine the real controversy between the parties.
Outcome
Leave granted to amend the memorandum of appeal
Orders
- Amended memorandum of appeal to be filed within 14 days from today
- Costs awarded to the respondent
Authorities cited
Legislation (2)
- Proceeds of Crime and Anti Money Laundering Act (POCAMLA)
- Anti- Corruption and Economic Crime Act
Cases cited (3)
- Uhuru Highway Development Ltd vs Central Bank of Kenya
- John Gakuo & another vs County Government of Nairobi & another
- Kenya Hotels Limited vs Oriental Commercial Bank Limited
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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