Kenya has made significant strides in combating economic crime, particularly in asset recovery through institutions like the Ethics and Anti-Corruption Commission (EACC) and the Assets Recovery Agency (ARA), supported by other law enforcement agencies. These efforts are anchored in legal frameworks such as the Anti-Corruption and Economic Crimes Act (ACECA),2003 and the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA),2009 as well as regulations like the Proceeds of Crime and Anti-Money Laundering (Criminal Assets Recovery Fund) Regulations, 2023.
Equatorial Guinea, while rich in natural resources, is plagued by the corruption and embezzling of its national treasury by the Obiang family. In France, the Biens mal acquis (Ill-gotten gains) case was a first of its kind proceedings, with legal action brought against a current, high ranking official, and which saw the confiscation and seizure of amassed luxury assets from the Equatoguinean Vice President. The case began due to the efforts of anti-corruption organisations, Transparency International France and Sherpa, who accused Obiang of embezzling state funds to buy luxury assets in France.
Last month, the Kenyan Ethics and Anti-Corruption Commission (EACC) handed over proceeds from corruption recoveries, including 511.4 million shillings (USD 3.96 million) in cash and 35 title deeds for 18.71 acres valued at 5.5 billion shillings (USD 42.7 billion). This action highlights the agency’s focus on asset recovery as part of its anti-corruption efforts. These assets, particularly land, have been repurposed for social use in several instances, demonstrating progress in social reuse. However, important questions arise regarding the use of recovered funds, their oversight, and the beneficiaries.
In September and October 2024, CiFAR is running an Asset Recovery Workshop Programme (online) designed to support civil society in Angola and Mozambique, in cooperation with local partners: Fórum de Monitoria do Orçamento, Centro de Integridade Pública, Associação OMUNGA, Pro Bono Angola, Associação Mãos Livres e UYELE, Associação Cívica.
Mãos Livres, Omunga, Pro Bono Angola and Uyele, Angolan civil society organisations currently working with CiFAR under the ongoing Capacity Support Framework, have written an open letter to the Attorneys General of Angola and Portugal demanding clarity about the asset recovery processes related to Isabel dos Santos, the daughter of former president José Eduardo dos Santos, who ruled Angola for 38 years (1979-2017).
Kenya’s efforts in combatting economic crimes in recent years have yielded significant recoveries both internationally and domestically. Several cases instituted by law enforcement agencies concerning the proceeds of economic crimes are currently ongoing in the courts, including some linked to county governments.
The first half of 2024 saw nine new individuals fall under various sanction systems for corrupt acts. With this latest update to the Sanctions Watch website, we are highlighting some particularly notorious cases.
CiFAR's research paper, launched today, scrutinizes Kenya's asset management landscape, focusing on the legal and institutional structures in place. Leveraging insights from our previous research, the analysis identifies persistent challenges in asset management across a) the freezing / seizure, and b) the final confiscation/disposal stages of asset recovery.
How is illicit finance affecting the housing market in cities, what can cities do to challenge illicit financial flows that are affecting their real estate markets and what is the role of real estate agents in this? While these are typically questions thought of in global financial centres – think London, Paris or Hong Kong – these are increasingly becoming questions for cities that are regional hubs for illicit finance. These regional hubs are facing similar challenges in terms of the rapid development and purchase of hotels, casinos and other buildings funded through illicit finance, with consequences for housing, social and urban development policies.
The CAPAR Civil Society Network, Civil Forum for Asset Recovery (CiFAR) and Transparency International, co-hosted a two-day workshop on the Common Africa Position on Asset Recovery (CAPAR) and Asset Recovery in Africa, held in Nairobi, Kenya on April 25-26, 2024. It brought together policymakers, regional bodies, and civil society organizations (CSOs) to engage in collaborative dialogue on enhancing asset recovery efforts in Africa.
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