Nairobi High Court has ordered a Kenyan to surrender Ksh311,000 to the government for the illegal sale of a motor vehicle, which was found to have been acquired through illegitimate means.
In a Gazette notice by Assistant Deputy Registrar of the High Court Of Kenya Nancy Wambulwa, the High Court deemed two motor vehicles owned by two separate individuals to have been acquired through proceeds of crime.
Subsequently, the court directed the Director General of the National Transport and Safety Authority to transfer title ownership in favour of the applicant.
One of the vehicles was successfully forfeited to the Government of Kenya but the court learnt the other motor vehicle was sold for a fraction of its price.
The vehicle in question was a Mitsubishi Fuso Canter, which is typically used to transport heavy-duty goods.
As a result, the defendant was ordered to surrender the proceeds from the sale of the car, while all the interest accrued is expected to be channelled to the applicant's bank account.
"The balance of the funds realized from the sale of a motor vehicle in the sum of Ksh311,000 plus accrued interest should thereon be remitted to the applicant’s bank account," the Gazette notice read.
The court also directed the two individuals to incur all costs of the originating motion.
Forfeiture orders typically arise from defaulting on contractual obligations. In such a case, the court will be compelled to apply the proceeds of crime and the anti-money laundering act of 2009.
According to the act, money laundering is defined 'as any act that conceals or disguises the nature, source, location, disposition, or movement of property that is or forms part of the proceeds of crime'.
The court also issued a vesting order in respect to a land parcel owned by one of the individuals, which was also found to have been acquired through fraudulent means.
"The Honourable court be pleased to issue an order to the Chief Land Registrar to register the forfeiture/vesting order issued in respect of Land Parcel in favour of the applicant," the notice went on.
