Assets Recovery Agency v Ngirita & 2 others; Platnum Credit Ltd & another (Interested Parties) (Anti-Corruption and Economic Crimes Case 1 of 2019) [2020] KEHC 3214 (KLR) (Crim) (26 August 2020) (Judgment)
- Court
- High Court of Kenya
- Case number
- 3214
- Citation
- [2020] KEHC 3214 (KLR)
- Decided
- 26 August 2020
The court finds the application premature and dismisses it. It also finds that the respondents' constitutional and statutory rights were not violated. The court excludes the motor vehicles in respondents' interest from the forfeiture orders.
Facts
The Assets Recovery Agency seeks to recover motor vehicles and real properties from respondents believed to be proceeds of crime. Respondents argue that the application is premature and violates their constitutional and statutory rights.
Issues
- Whether the proceedings are premature and should await criminal prosecution
- Whether the application violates respondents' constitutional and statutory rights
- Whether the properties are proceeds of crime
- Whether motor vehicles in respondents' interest should be excluded from forfeiture
Reasoning
The court determines that the application is premature due to the ongoing criminal proceedings. It also rules that the respondents' rights were not violated and that the motor vehicles in their interest should not be included in the forfeiture.
Outcome
Appeal dismissed
Orders
- The application for forfeiture is dismissed
- The motor vehicles in respondents' interest are excluded from the forfeiture orders
Authorities cited
Legislation (2)
- Proceeds of Crime and Anti-Money Laundering Act (POCAMLA)
- Fair Administrative Action Act, 2015
Cases cited (7)
- Raila Amolo Odinga & Another vs. IEBC & 2 Others (2017) eKLR
- Ethics and Anti-Corruption Commission vs. Stanley Mombo Amuti v. Kenya Anti-Corruption Commission (2015) eKLR
- Peter Wafula Juma & 2 Others vs. Republic (2014) eKLR
- Mrao Limited vs. First American Bank of Kenya Limited & 2 Others (2003) eKLR
- Sanjay Shah Arunjain vs. Republic (2002) eKLR
- Aurelian Ajiambo Akwaro v Republic (2009) eKLR
- Justice Amraphael Mbogholi Msagha v Chief Justice of the Republic of Kenya & 7 Others (2006) eKLR
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