This archive report was first published on 6 May 2020.
On May 6, 2020, the Supreme Court delivered a significant blow to those who have acquired wealth through corrupt means, ruling that individuals with unexplained wealth cannot invoke the right to property as a defense.
The ruling, which stems from a case involving Stanley Amuti, a former finance manager at the National Water Conservation and Pipeline Corporation, has set a precedent for the war against graft in Kenya.
Amuti had built a multi-million estate within a few years, but when he was taken to court by the Ethics and Anti-Corruption Commission, he could not explain where he got the money.
The Supreme Court ruled that the matter was not of public interest and did not raise constitutional issues, and as such, the highest court had no jurisdiction to hear it.
However, the ruling has significant implications for those with similar cases, as it means that they will no longer be able to hide behind the right to property.
According to the Supreme Court, the requirement to explain assets is not a requirement for one to explain their innocence, and the presumption of innocence does not arise when somebody is asked to explain their wealth.
The ruling has been hailed as a significant victory in the war against graft, and it is expected to have a major impact on those who have acquired wealth through corrupt means.
