Assets Recovery Agency v Huka & another (Anti-Corruption and Economic Crimes Civil Suit E015 of 2024) [2026] KEHC 5505 (KLR) (Anti-Corruption and Economic Crimes) (30 April 2026) (Judgment)

Assets Recovery Agency v Huka & another (Anti-Corruption and Economic Crimes Civil Suit E015 of 2024) [2026] KEHC 5505 (KLR) (Anti-Corruption and Economic Crimes) (30 April 2026) (Judgment)

The applicant established on a balance of probabilities that the funds, motor vehicle, and motor cycle were proceeds of crime or used in the commission of a crime. The respondents failed to provide a legitimate explanation for the acquisition and use of the assets. The assets are therefore liable to forfeiture under Sections 90 and 92 of POCAMLA.

Citation
[2026] KEHC 5505 (KLR)
Parties
Applicant: Assets Recovery Agency; 1st Respondent: Hussein Guyo Huka; 2nd Respondent: Mohammed Guyo Dokata
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Anti-Corruption and Economic Crimes Civil Suit E015 of 2024
Procedural Posture
Civil Forfeiture Application / Judgment
Outcome
Application allowed. Assets declared proceeds of crime and forfeited to the applicant.
Legal Topics
Proceeds of Crime, Civil Forfeiture, Burden of Proof, Narcotic Drugs Trafficking
Source Language
English
Anti Corruption Law Economic Crimes Asset Forfeiture Proceeds of Crime Civil Forfeiture Burden of Proof Narcotic Drugs Trafficking

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Parties

Assets Recovery Agency

Applicant

Hussein Guyo Huka

1st Respondent

Mohammed Guyo Dokata

2nd Respondent

Procedural Posture

Civil Forfeiture Application / Judgment

Legal Issues

  1. 1 Whether the assets (bank funds, motor vehicle, motor cycle) are proceeds of crime and liable to forfeiture under POCAMLA
  2. 2 Whether the respondents provided a legitimate explanation for acquisition of the assets

Ratio Decidendi

The applicant established on a balance of probabilities that the funds, motor vehicle, and motor cycle were proceeds of crime or used in the commission of a crime. The respondents failed to provide a legitimate explanation for the acquisition and use of the assets. The assets are therefore liable to forfeiture under Sections 90 and 92 of POCAMLA.

Court Disposition

Application allowed. Assets declared proceeds of crime and forfeited to the applicant.

Orders

  • Kshs 2,680,779.88 and any interest thereon in Equity Bank account 0410198584651 in the name of Hussein Guyo Huka declared proceeds of crime and forfeited to the applicant.
  • Motor vehicle registration number KDC 011E, land cruiser pick-up registered to Hussein Guyo Huka declared proceeds of crime and forfeited to the applicant.