The High Court of Kenya has granted the Assets Recovery Agency (ARA) permission to seize $270,888.47 (Ksh35 million at the current exchange rate) from a Kenyan businessman, citing that the funds are proceeds of a crime.
The determination was published in the Kenya Gazette issue of March 14, outlining the schedule for the forfeiture of the Ksh35 million and two vehicles.
"That the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and Economic Crimes Division) ACEC SUIT NO. E33 of 2023 as specified in the Schedule," the statement read.
The ruling followed an application by the ARA, which sought to recover the money and property over suspicions that the businessman had acquired them illegally, contrary to Section 92(5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009.
In its application, the ARA had sought to recover the full amount of $368,185.77 (Ksh47 million at the current exchange rate) from the businessman.
The two vehicles also up for seizure are a Range Rover and a Mercedes-Benz E250.
In her decree, Clara Otieno-Omondi, the Registrar of the High Court, urged the local bank holding the forfeited amount to facilitate its transfer to a dollar account belonging to the ARA.
The Director-General of the National Transport and Safety Authority (NTSA) was also directed to assist in the transfer of the two motor vehicles, which will be forfeited to the national government.
He was further instructed to ensure that registration certificates were issued to formalise the transfer.
Additionally, the Registrar ordered that the costs of the suit be awarded to the agency.
In the same Kenya Gazette issue, two private jet-hailing companies were ordered to surrender a total of $1.9 million (Ksh247 million at the current exchange rate).
The money had been stored in four different bank accounts across two banks and was determined to be the proceeds of a crime.
