The court just shut down a major attempt to seize properties tied to a scandal. Kenya's Assets Recovery Agency lost its case to confiscate two high-value plots linked to missing ICTA funds. A High Court judge ruled the agency failed to prove the assets were bought with stolen money. The properties in Ruiru and Kiambaa will not be forfeited.
Justice Benjamin Musyoki dismissed the case for lacking merit. He ordered the agency to cover legal costs for the respondents. The judge found no connection between the alleged crime and the property acquisitions. He noted the plots were purchased years before the disputed funds were received.
The agency alleged former ICTA managers stole millions through irregular cash withdrawals. Investigators claimed security firms delivered cash to officials at their offices. They argued the Kiambaa property was transferred as part of laundering that money.
Both property owners provided alternative funding sources for their assets. Antony Nyaga Mwangi said he used bank loans and business income for his Ruiru plot. Ernest Githinji Waweru stated he bought the land through installments and developed it with spousal support.
The ruling underscores the legal burden for proving illicit financial trails. Authorities must directly link alleged crime proceeds to specific assets. This decision represents a significant setback for the agency's recovery efforts in this case.
Justice Benjamin Musyoki dismissed the case for lacking merit. He ordered the agency to cover legal costs for the respondents. The judge found no connection between the alleged crime and the property acquisitions. He noted the plots were purchased years before the disputed funds were received.
The agency alleged former ICTA managers stole millions through irregular cash withdrawals. Investigators claimed security firms delivered cash to officials at their offices. They argued the Kiambaa property was transferred as part of laundering that money.
Both property owners provided alternative funding sources for their assets. Antony Nyaga Mwangi said he used bank loans and business income for his Ruiru plot. Ernest Githinji Waweru stated he bought the land through installments and developed it with spousal support.
The ruling underscores the legal burden for proving illicit financial trails. Authorities must directly link alleged crime proceeds to specific assets. This decision represents a significant setback for the agency's recovery efforts in this case.
