Kenya Supreme Court rules unexplained bank balances alone are not sufficient grounds for asset seizure
via Tuko4 min read
Kenya's Supreme Court has ruled that unexplained wealth or large bank deposits alone are not sufficient grounds for asset forfeiture under the Proceeds of Crime and Money Laundering Act POCAMLA. The court dismissed appeals by the Ethics and Anti-Corruption Commission EACC and the Assets Recovery Agency ARA concerning KSh 19.7 million held in businesswoman Pamela Aboo's Equity Bank accounts. The judges emphasized that anti-graft agencies must prove a direct link between targeted assets and a specific criminal offense before seeking forfeiture. This decision upholds an earlier Court of Appeal ruling and reinforces constitutional protections against arbitrary deprivation of private property. The Supreme Court found that state agencies failed to meet the legal threshold, stating that forfeiture proceedings cannot be based merely on suspicion or unexplained financial transactions. The court also criticized the investigation for not thoroughly examining Aboo's explanations for the funds and for not including her husband, the alleged source of the criminal proceeds, in the suit. The Supreme Court ordered the EACC and ARA to bear the costs of the case and directed that the freeze on Aboo's bank accounts be lifted.
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