Kenya Case Law

Assets Recovery Agency v Jepchirchir & 5 others

Assets Recovery Agency v Jepchirchir & 5 others (Civil Suit E035 of 2025) [2026] KEHC 10921 (KLR) (Anti-Corruption and Economic Crimes) (16 July 2026) (Ruling)

Court

High Court

Case number

Civil Suit E035 of 2025

Judge

["REA Ougo"]

The court held that the forfeiture proceedings under POCAMLA are distinct from the Environment and Land Court suit over contractual ownership and title, so the parallel land case did not create a risk of conflicting decisions sufficient to justify a stay. The 1st Interested Party had already been joined and could ventilate his claim in the forfeiture suit, no exceptional circumstances were shown, and public interest required the statutory forfeiture application to proceed without undue delay.

Source excerpt

• Stay of proceedings
• Civil forfeiture
• Proceeds of crime
• Parallel proceedings
• Jurisdiction
• Ownership dispute

Assets Recovery Agency v Wanjiru & 3 others

Assets Recovery Agency v Wanjiru & 3 others (Civil Suit E006 of 2025) [2026] KEHC 10239 (KLR) (Anti-Corruption and Economic Crimes) (14 July 2026) (Judgment)

Court

High Court

Case number

Civil Suit E006 of 2025

Judge

["REA Ougo"]

The court found that the Applicant proved on a balance of probabilities that all six motor vehicles were either acquired through unexplained and suspicious financial flows linked to narcotics associates or directly connected to narcotics trafficking. The Respondents’ explanations were unsupported by credible documentary evidence, while some supporting documents were fake or unverifiable. Because unlawfully acquired property is not protected by Article 40, the vehicles were liable to forfeiture under POCAMLA.

Source excerpt

• Proceeds of crime
• Civil forfeiture
• Preservation and forfeiture orders
• Unexplained wealth
• Nexus between property and crime
• Burden and evidential burden

Assets Recovery Agency v Egadwa

Assets Recovery Agency v Egadwa (Anti-Corruption and Economic Crimes Civil Suit E051 of 2025) [2026] KEHC 9368 (KLR) (Anti-Corruption and Economic Crimes) (30 June 2026) (Judgment)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Civil Suit E051 of 2025

Judge

["REA Ougo"]

The applicant proved on a balance of probabilities that the respondent’s land parcels, vehicle, and bank funds were proceeds of crime. The respondent offered no documentary or credible evidence of lawful acquisition and failed to rebut the evidential burden. The assets were therefore forfeitable to the State under POCAMLA.

Source excerpt

• Civil forfeiture
• Proceeds of crime
• Burden of proof
• Rebuttal evidence
• Right to property
• Presumption of innocence

Assets Recovery Agency v Jetha & another

Assets Recovery Agency v Jetha & another (Anti-Corruption and Economic Crimes Civil Suit E026 of 2025) [2026] KEHC 6155 (KLR) (Anti-Corruption and Economic Crimes) (8 May 2026) (Judgment)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Civil Suit E026 of 2025

Judge

["BM Musyoki"]

The applicant failed to prove, on a balance of probabilities, that the apartments and related rental income were proceeds of crime. The court found the applicant did not sufficiently disprove the respondent’s work permit evidence, did not establish unlawful conduct in the relevant period, and did not effectively undermine the respondents’ explanation that the properties were funded from lawful family gift funds and prior property sale proceeds. The motion therefore failed.

Source excerpt

• Civil forfeiture
• Proceeds of crime
• Burden of proof
• Work permit validity
• Unlawful conduct
• Tracing of funds

Assets Recovery Agency v Huka & another

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)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Civil Suit E015 of 2024

The High Court ordered forfeiture of cash, a vehicle, and a motor cycle after finding they were proceeds of crime or used in narcotics trafficking.

• Proceeds of crime
• Civil forfeiture
• Burden of proof
• Narcotic drugs trafficking
• Civil-forfeiture
• Proceeds-of-crime

Assets Recovery Agency v Burugu & another

Assets Recovery Agency v Burugu & another (Anti-Corruption and Economic Crimes Case E020 of 2024) [2026] KEHC 4842 (KLR) (Anti-Corruption and Economic Crimes) (17 April 2026) (Judgment)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Case E020 of 2024

The applicant failed to establish that the landed properties were proceeds of crime or that the interested party was complicit or had notice of any illegality. The motor vehicle KBE 416Y MERCEDES BENZ was used as an instrumentality of crime and is liable to forfeiture.

Source excerpt

• Civil forfeiture
• Instrumentality of crime
• Proceeds of crime
• Innocent purchaser for value
• Burden of proof

Aboo v Assets Recovery Agency; Ethics and Anti-Corruption Commission (Interested Party)

Court

Court of Appeal

Case number

Civil Appeal 452 of 2018

Judge

["HM Okwengu", "MA Warsame", "JM Mativo"]

The Court of Appeal allowed Pamela Aboo’s appeal, holding that ARA had not proved a sufficient nexus between alleged corruption and the bank funds.

• Civil forfeiture
• Proceeds of crime
• Burden and evidential burden of proof
• Preservation and forfeiture orders
• Unexplained assets versus proceeds of crime
• Nexus between offence and property