Today’s mention was to confirm whether the Respondents have entered appearance and served a response to this application for forfeiture. I have as at five minutes ago confirmed that they have not done either despite being served severally. I am also satisfied that there is evidence placed before this court which proves on a balance of probabilities that the funds sought to be forfeited are proceeds of crime. As there is no defence/response/entry of appearance by the Respondent, the Originating Motion is allowed and judgment shall be entered for the ARA/Applicant under Section 95(1)(b) of the Proceeds of Crime and Anti-Money Laundering Act as follows: -
1. A declaration be and is hereby issued that the USD 34,204.77 held in Account No. 1178604152 at KCB in the name of Bravie Group Limited are proceeds of crime liable for forfeiture to the Government of Kenya.
2. That an order shall be and is hereby issued forfeiting the aforestated funds to the Government of Kenya.
3. That Costs of these proceedings shall be borne by the Respondents.
Orders accordingly.
1. A declaration be and is hereby issued that the USD 34,204.77 held in Account No. 1178604152 at KCB in the name of Bravie Group Limited are proceeds of crime liable for forfeiture to the Government of Kenya.
2. That an order shall be and is hereby issued forfeiting the aforestated funds to the Government of Kenya.
3. That Costs of these proceedings shall be borne by the Respondents.
Orders accordingly.