Court Blocks Kenya State Attempt to Seize Mombasa Apartments
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The High Court has stopped the government from taking control of multi-million shilling apartments in Mombasa linked to a controversial foreign businessman. The ruling raises fresh questions about how far civil asset forfeiture powers can go.
The High Court in Kenya has rejected an attempt by the Assets Recovery Agency (ARA) to seize three apartments in Mombasa linked to businessman Asif Amirali Alibhai Jetha and his wife Lyn Henderson. The state had argued that the properties were connected to suspected illicit financial flows and should be forfeited under anti-money laundering laws.
However, the court ruled that the agency failed to meet the required legal threshold to prove the assets were proceeds of crime. The judgment emphasized that suspicion and past allegations alone were not sufficient to justify forfeiture without clear financial evidence.
The case centered on claims that the properties were funded through questionable transactions and later transferred to conceal ownership. The ruling effectively allows the couple to retain the Mombasa real estate, while reinforcing stricter evidentiary standards for future asset recovery cases.
Read the full story at Kenyan Wall Street