Judge Nixon Sifuna Faults Govt Agency for Withdrawing Ksh6 Billion Case

High Court Judge, Nixon Sifuna, has faulted the Asset Recovery Agency over the withdrawal of a Ksh6 billion money laundering case against three companies.

In his ruling, Sifuna raised concern over the alarmingly frequent withdrawal and termination of corruption cases presented before the courts by prosecutors. 

To curb the increasing withdrawals, the judge proposed periodic lifestyle audits and integrity tests be done on all investigators and prosecutors.

“Given the critical and delicate nature of anti-corruption cases for instance, there should be no room for deal-cutting, blackmail, or witch-hunt,” Sifuna noted.

He added that the move would ensure integrity and accountability in handling court cases, especially corruption cases, and restore public confidence in such institutions and agencies. 

Sifuna made the clarification while issuing a determination on a case involving three tech companies. 

“The withdrawal is hereby allowed and the suit is accordingly hereby marked as withdrawn with costs to the Respondents,” read part of the ruling.

“This withdrawal is however on condition that any civil or tortious liability suit(s) that may hereafter arise as a consequence of this termination of forfeiture suit, shall not be passed to the Government of Kenya or be levied on public funds.”

The three companies had been accused of orchestrating a money laundering scheme to the tune of Ksh6 Billion, with the prosecution initially terming the funds as proceeds of crime. 

However, in July this year, the Asset Recovery Agency filed a petition demanding the withdrawal of the case, clarifying that it had substantiated that the money owned by the three were not proceeds of crime. 

Sifuna declined to approve the withdrawal of the case on the grounds that the reasons provided by the Asset Recovery Agency were inadequate. 

“On perusing the said Notice made by ARA, I found that it did not give any reasons for the withdrawal. It also did not allude to there having been negotiations or a settlement, or the terms of such negotiations or settlement,” Judge Sifuna ruled.