Assets Recovery Agency v Pamela Aboo; Ethics & Anti Corruption Commission (Interested Party) [2018] KEHC 1845 (KLR)
- Court
- High Court of Kenya
- Case number
- 1845
- Citation
- [2018] KEHC 1845 (KLR)
- Decided
- 13 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeProceeds of CrimePostureApplication for Orders under Section 81 and 82 of POCAMLACoramOthers
Holding
The court found that the funds in the accounts are proceeds of crime and ordered their forfeiture to the Government.
Facts
Three bank accounts belonging to the Respondent Pamela Aboo at Equity Bank Limited, Donholm Branch, hold a total of Kshs 19,688,152.35. Both the Asset Recovery Agency (ARA) and the Ethics and Anti Corruption Commission (EACC) investigated the accounts and found suspicious activity.
Issues
- Whether the funds in the accounts are proceeds of crime
- Whether the ARA and EACC have proved a case for forfeiture
Reasoning
The court considered the statements of the Respondent and her husband, the investigation reports, and the analysis of the bank statements. The court concluded that the funds were used or intended to be used in commission of an offence.
Outcome
The court ordered the forfeiture of the funds to the Government.
Orders
- Order declaring the funds are proceeds of crime
- Orders of forfeiture of the funds
- Order that the funds be forfeited to the Government and transferred to the ARA
Remedies
- Forfeiture of the funds to the Government
Authorities cited
Legislation (2)
- Proceeds of Crime and Anti-Money Laundering Act (POCAMLA)
- Civil Procedure Rules
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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