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The Court of Appeal has ruled that the government cannot go after a person’s wealth without prior investigations to establish reasonable grounds for suspecting that the property constitutes proceeds of crime.
In a landmark judgment, Justices Patrick Kiage, Jamila Mohammed and Nduma Nderi said that although it does not require a person to be charged for a crime for the Asset Recovery Agency (ARA) to come knocking, it bears the responsibility to link the wealth or cash to a crime.
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