Kenya ACEC No. 7 of 2019 Asset Recovery Agency ¬vs¬ Joseph Wanjohi & 3 others
The Asset Recovery Agency (ARA) filed an application against the respondents herein by way of Originating Summons under sections 81, 90 and 92 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) as read with Order 51 of the Civil Procedure Rules, 2010 seeking for Forfeiture orders of cash, motor vehicles and immovable properties acquired using proceeds obtained from the illegitimate trade in wildlife trophies, narcotic drugs and illegal substances, which proceeds had been received in the various bank accounts set out in the forfeiture application by ARA and which were suspected to be proceeds of crime contrary to the provisions of the Wildlife Conservation and Management Act, 2013, the Narcotic Drugs and Psychotropic Control Act No. 4 of 1994 and the Proceeds of Crime and Anti-Money Laundering Act 2009 (POCAMLA).
After hearing the evidence presented by both ARA and the respondents in rebuttal, the Court found that the cash and assets were proceeds of crime and ordered forfeiture of the same to the state.
