ARA is a very dangerous jurisprudence. Especially in Kenya where law and courts are used to settle political grudges and fix "your enemies.."
In Kenya, most people cannot even adequately explain how they survive month to month. I bought my first car when i made a "deal with a land broker.." who asked "wewe tuunze ile shamba we get abcd and if you get more ni yako..." I happened to know someone interested and knew how much he was willing to spend. In short in 3days the whole thing was settled and got my due in cash. In another 2days i had paid some Indian guy selling second hand cars in cash and had my car.. I state so to illustrate if someone was to ask me to explain something like that to their satisfaction, how will i do it?
In RV where you know very well, you can pay in cash herd of cattle and next day you deliver them and get paid in cash. How do you explain such wealth? And majority of "hustler economy" is like that. Go to Gikomba/marigiti where even millions change hands without much documentation etc.
This ARA jurisprudence reminds me of a story an uncle used to narrate. That kitambo one used to carry receipts for his watch. or even some type of shoes. It was worse when one had a radio and TV; you had to have had receipts plus some KBC/VoK licence. If you didn't have such, then you'd assumed to be a thief... ARA is modern version of that... It should be challenged to the end. It is better for the few "guilty ones" to go free rather than net and punish the innocent.
Yes, no need for a criminal trial, just explain yourself before a court, if a judge is not satisfied, you forfeit the money to the state, and go back to being poor.
This most effective way to fight economic crimes.
Great move. This will make money laundering almost impossible. You just take the funds and ask the bugger for proof they own it. People like sonko and Joho would have gone underground. They need to do the same to wanjigi
Topic: Assets recovery goes for Kiunjuri Accounts (Read 2774 times)