Switzerland Sets Conditions to Release Kenya’s Stolen Millions

Switzerland Sets Conditions to Release Kenya's Stolen Millions
Switzerland Sets Conditions to Release Kenya's Stolen Millions

Africa-PressKenya. Switzerland still holds more than Ksh220 Million funds that were frozen in offshore accounts from the 2008 Anglo-leasing scandal.

In an article on January 8, Swiss Ambassador to Kenya Dr. Vallentin Zellweger states that the money would only be returned following a final ruling by the Kenyan courts.

“If Kenyan authorities succeed in convincing a court of law that the suspects in the Anglo Leasing case acquired the assets illegally, then the process for return the assets can commence. With such a ruling, Kenya will be able to request the return of the funds from other jurisdictions.

“Once Kenya transmits a final and executable court order, the Swiss authorities will have a legal title to return the frozen funds to Kenya. Only a judicial verdict confirming the illegal origin of the funds makes it possible to repatriate them,” he explained.

He added that the suspicion of an illegal acquisition was not sufficient adding that the account holders could sue for damages without a court decision.

Zellweger added that the procedure should proceed in a transparent and accountable manner with the mutual consent of the Kenyan government and the partner returning assets.

“Switzerland will be in a position to return the funds based on the guidelines agreed. Switzerland will continue to make every effort to ensure that we achieve this goal together with our Kenyan partners,” he stated.

In 2018, President Uhuru Kenyatta and his Swiss counterpart Alain Berset signed an agreement that cleared the way for the recovery of assets acquired through corruption in Kenya and stashed in foreign countries.

“In the spirit of the Global Forum on Asset Recovery’s Principles for Disposition and Transfer of Confiscated Stolen Assets in Corruption Cases, returns should proceed in a transparent and accountable manner with the mutual consent of both Kenya and the partner offering the return,” the agreement states.

Kenya worked with the governments of Jersey, Switzerland and the UK, on the Framework for the Return of Assets from Corruption and Crime in Kenya (FRACCK).

Anti-corruption efforts have over the past years gotten a boost with the Ethics and Anti-Corruption Commission (EACC) of Kenya, in 2020 revealing that it had recovered assets worth a total of Ksh29.8 billion.

As the Covid-19 pandemic broke out, Kenya’s EACC and ODPP presented the Treasury with Ksh2 billion from the recovered assets fund to support the emergency response.

LEAVE A REPLY

Please enter your comment!
Please enter your name here