Government of Kenya to recover GBP 3.6 million from Jersey
Windward Trading, a company registered in Jersey, pleaded guilty yesterday, on 24 February 2016, to four counts of money laundering at Jersey's Royal Court. A confiscation order was granted amounting to GBP 3.6 million and discussions are underway between the Government of Kenya, Jersey authorities and the Foreign and Commonwealth Office of the United Kingdom as to the repatriation of these assets.
The International Centre for Asset Recovery (ICAR) of the Basel Institute on Governance has been involved in assisting the Kenyan authorities in the conduct of this investigation for several years and in facilitating communication transnationally. The Ethics and Anti-Corruption Commission (EACC) of Kenya has been investigating the public officials responsible for the predicate offence in Kenya, and has sought and received assistance from several jurisdictions in this case.
The EACC deserve due credit for its commitment to ensuring that matters of public importance and of significant financial loss to the state are thoroughly investigated with a view to punishing the criminals and recovering criminal monies for the benefit of the Kenyan people. ICAR experts continue to provide assistance and monitor the extradition proceedings underway in relation to the case.
The Law Officers Department in Jersey and Mr Howard Sharp QC, former Solicitor General and now Head of Central Chambers, Jersey, who had conduct of this case throughout, should be lauded for pursuing these important investigations vigorously and ensuring that assistance is given to developing countries to facilitate the return of looted funds.
The recovery of stolen assets and their subsequent return to the country where they originated from sends the strongest possible message that impunity will not be tolerated and there is growing international momentum to present a collaborative front against corruption.
