The Anti-Corruption High Court has criticised the Asset Recovery Agency (ARA) for filing forfeiture cases based on mere suspicion.
In his judgment, Justice Benjamin Musyoki acknowledged the agency's crucial role in promoting clean business practices and financial integrity in the country but condemned its reliance on "desk investigations" to pursue individuals. "It should be detestable for the applicant to conduct what I would call desk investigations and expect to fight the menace of money laundering and prevention of use of proceeds of crimes in the country," said Justice Musyoki.
ARA filed the case against East Africa Group Limited (EAGL), seeking to have the firm forfeit $274,369.36 (Sh35,462,239.78) held in an account at I&M Bank under the name of Eis Africa Group Limited.
Justice Musyoki noted that parts of investigator Alfred Musalia's affidavit appeared to have been copied and pasted from an earlier application to freeze funds.
