The Proceeds of Crime and Anti-Money Laundering Act empowers the Director, Assets Recovery Agency, to file for forfeiture orders 90 days after receiving the preservation orders. Upon granting of forfeiture orders, the claimed assets are forfeited to the government of Kenya.
The High Court shall make a forfeiture order if it finds on a balance of probabilities that the property concerned has been used or is intended for use in the commission of an offence; or is proceeds of crime.
“any property or economic advantage derived or realized, directly or indirectly, as a result of or in connection with an offence irrespective of the identity of the offender and includes, on a proportional basis, property into which any property derived or realized directly from the offence was later successfully converted, transformed or intermingled, as well as income, capital or other economic gains or benefits derived or realized from such property from the time the offence was committed”.
Some of the forfeiture Judgements are listed in the table below.