Commission Wins Eleven Year Legal Battle As Court Orders Forfeiture Of Ksh41.2 Million to The State.
14.05.2019-The Court of Appeal has ordered the former National Water Conservation and Pipeline Corporation Finance Manager Mr. Stanley Mombo Amuti to forfeit Ksh41.2 million because he could not account how he obtained the cash.
Three judges of the Court of Appeal in Nairobi decided the case in favour of the Ethics and the Anti-Corruption Commission (EACC) because Mr Amuti could not account for the money deposited in his bank account.
The court made the judgment after a long protracted legal battle between EACC and Mr Amuti dating back to the year 2008.
The precedent setting case sends a strong message to owners of corruptly acquired assets. The cash will be forfeited to the state.
A three-judge bench said that the law protects only the rights of those who acquire property by licit means. Those who acquire property unlawfully cannot claim protection provided by the legal system. The Commission filed the civil suit at the High Court in 2008 and won the case but Mr. Amuti was dissatisfied and lodged an appeal against the decision of the High Court.
The Appellate Court found that there is no violation of the right to property if an individual is requested to explain the source of his assets that is disproportionate to his legitimate source of income.
The court ruled that an individual has the evidentiary burden to offer satisfactory explanation for legitimate acquisition of the asset or forfeit such asset.
