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Stanley Mombo Amuti v. Kenya Anti-Corruption Commission

(2019) JELR 94256 (CA)

Court of Appeal  •  Civil Appeal 184 of 2018  •  10 May 2019  •  Kenya

Coram
Philip Nyamu Waki, James Otieno Odek, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

UNEXPLAINED ASSETS and NOTICE TO EXPLAIN

1. The scourge of money laundering, economic crimes and corruption is threatening the moral and social fabric of society. In Kenya, one of the legislative instruments designed to deal with the scourge is Anti-Corruption and Economic Crimes Act of 2003. In its preamble, the Act seeks to provide for prevention, investigation and punishment of corruption, economic crimes and related offences. The Act establishes the Kenya Anti-Corruption Commission as a body corporate whose Chief Executive Officer is the Secretary/Director to the Commission.

2. Entrenched in the Act is the concept of “unexplained assets” which is a legal innovation to combat the vice of “doubtful source of wealth, money laundering and suspicious corrupt practices.” Underlying the concept is the theme “You fail to satisfactorily explain the lawful source of assets, you forfeit it.”

3. Section 2 of the Anti-Corruption and Economic Crimes Act (ACECA) defines “unexpl…

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