Man Loses Ksh35 Million Liquid Cash to Govt After Court Ruling

A man has been ordered to surrender Ksh35 million currently in his bank account after the funds were deemed to have been acquired fraudulently.

Through a Gazette notice signed by High Court registrar and deputy registrar Clara Otieno and Evelyn Gaithuma respectively, the individual was slapped with Forfeiture Orders, meaning he was, by law, required to surrender the money in his bank account.

“In exercise of the powers conferred by section 92 (5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, this Honorable court issues orders declaring that Ksh35,000,000 are proceeds of crime and liable for forfeiture to the Government of Kenya,” part of the Gazette Notice read.

The case was initially filed in 2022 when the individual in question’s wealth came under scrutiny after an applicant filed a motion in court.

After dragging in court for years, the matter came up for judgment on October 9, 2024, with the the court ordering the individual to forfeit KSh35 million to the applicant on behalf of the state.

While the particulars of how he fraudulently acquired the millions were not revealed, the individual in question was also expected to incur costs related to the motion.

In a separate incident, the High Court issued Forfeiture Orders on four different individuals, who were deemed to have acquired different motor vehicles illegally.

The vehicles, which included a BMW, a Toyota Harrier, a Chevrolet, and a Toyota Vitz belonged to different entities, mostly renowned car dealerships.

“The Honourable Court be pleased to issue orders of forfeiture of the motor vehicles registered in the names of the Respondents and Interested Parties in prayer 1 above to the Assets Recovery Agency on behalf of the Government,” the Gazette notice read.

After judgment on October 11, 2024, all four individuals were ordered to surrender the mentioned vehicles to the Assets Recovery Agency on behalf of the State.

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’.