A former Senior Government official has lost 41.2 Million which has been forfeited to the state over corruption and unexplained assets following the Court of Appeal Ruling.
The precedent setting case sends a strong message to owners of corruptly acquired assets. The court ordered that the unexplained assets by former National Water Conservation and Pipeline Corporation Finance Manager Mr.Stanley Mombo Amuti be forfeited to the state.
The Court of Appeal ruled in favour of EACC because Mr. Amuti could not explain how he acquired the cash.
A three-judge bench said 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.
EACC filed the civil suit at the High Court in 2008. The High Court ruled in favour of the Commission but Mr.Amuti appealed against it.
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.