Bizarre tales by people caught with millions forfeited to State

Court Reporter

Nation Media Group

Several people who forfeited millions of shillings to the government gave laughable and, in some instances, bizarre explanations of how they got the money. From friends who loan them without conditions, inheritance from parents to businesses but failing to attach documents to support the claims, the tales have been many and varied.

Courts, however, have been quick to dismiss such tales and ordered the government to seize the money or property. For those who have lost millions in the purge, the concept has been, you fail to explain the source of assets, you forfeit the wealth.

The judge said although no law prohibits one from depositing money and there is also no offence committed if one fails to withdraw their money, but wondered how she was running her business without making any withdrawals. “One is at liberty to deposit even a billion shillings, but the person must be ready to share the source of such huge deposits with the relevant authorities. When no satisfactory explanation is forthcoming, the court will take it that the same was not lawfully acquired,” said the judge.
She added that there was no explanation of the source of the huge deposits into the three accounts and a glance at the cash deposits made at Donholm branch, would call for an explanation.
The three accounts had Sh19,688,152 and were opened between April 20, 2014, and March 2017 while the funds were deposited between 2015-2017.

In a case pending in court, the EACC wants Sh47 million deposited by a traffic police officer forfeited to the government after the officer failed to explain how he got the money.
Evidence presented in court by EACC showed that Jamal Bare Mohammed was a rider who used to patrol the Garissa-Thika Highway.
The anti-corruption agency said it tracked the police officer and recorded him receiving bribes after the public complained. The EACC told the court that the officer was allowed to explain how he made the money after finding a disparity between his assets and his known legitimate sources of income.
Evidence produced in court showed that the 43-year-old officer used to make deposits in tranches of between Sh200,000 and Sh500,000 every week.
In the six years, the court heard, Mr Bare’s gross salary was between Sh33,050 and Sh38,630, per month, totalling to Sh1.8 million.
Mr Bare defended himself, saying his earnings were legitimate. The traffic officer said he was the sole custodian of his late father’s wealth, acting as trustee on behalf of his family and relatives.