Asset Recovery Agency v Stephen Vicker Mangira & 2 others; Ali Cars Limited (Intrested Party) [2021] KEHC 4201 (KLR)
- Court
- High Court of Kenya
- Case number
- 4201
- Citation
- [2021] KEHC 4201 (KLR)
- Decided
- 2 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for determination of preliminary objection and orders regarding preservation orders and property releaseCoramOthers
Holding
The preservation orders given on 13th July, 2017 are rescinded once the criminal proceedings are concluded and acquittal orders confirmed.
Facts
Seven motor vehicles and Kshs.18,500,000 belonging to Stephen Vicker Mangira were taken custody by the Asset Recovery Agency due to a preservation order issued on 13th July, 2017. The Applicants were later acquitted of money laundering charges on 12th May, 2021.
Issues
- Whether the preliminary objection dated 3rd June, 2021 is merited
- Whether the preservation orders given on 13th July, 2017 are still valid and if so, whether they should be nullified, set aside, discharged or rescinded
- Whether the sum of Kshs.18,500,000 and the seven (7) motor vehicles should be released to the 1st Respondent/Applicant, Stephen Vicker Mangira unconditionally
- What convenient orders should the court make
Reasoning
The court found that the preservation orders should be rescinded once the criminal proceedings are concluded and the Applicants are acquitted, as per the provisions of the Proceeds of Crime and Anti-Money Laundering Act.
Outcome
The preservation orders given on 13th July, 2017 are rescinded.
Orders
- The preservation orders given on 13th July, 2017 be nullified, set aside, discharged or rescinded or be declared to be spent and overtaken by events
Remedies
- The sum of Kshs.18,500,000.00 and the seven (7) motor vehicles should be released to the 1st Respondent/Applicant, Stephen Vicker Mangira unconditionally
Authorities cited
Legislation (2)
- Proceeds of Crime and Anti-Money Laundering Act
- Civil Procedure Act
Cases cited (2)
- Proceeds of Crime and Anti-Money Laundering Act
- Civil Procedure Act
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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