Assets Recovery Agency v Birus Chambers Advocates & Solicitors Llp

Assets Recovery Agency v Birus Chambers Advocates & Solicitors LLP (Anti-corruption and Economic Crimes Miscellaneous E018 of 2025) [2025] KEHC 6053 (KLR) (Anti-Corruption and Economic Crimes) (13 May 2025) (Ruling) Neutral citation: [2025] KEHC 6053 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) ANTI-CORRUPTION AND ECONOMIC CRIMES ANTI-CORRUPTION AND ECONOMIC CRIMES MISCELLANEOUS E018 OF 2025 BM MUSYOKI, J MAY 13, 2025 BETWEEN ASSETS RECOVERY AGENCY .............................................................. APPLICANT AND BIRUS CHAMBERS ADVOCATES & SOLICITORS LLP .............. RESPONDENT RULING 1. The application dated 12/5/2025 seeks to preserve funds in account number 03606206276150 held at I & M bank in the name of the respondent on grounds that the same are proceeds of crime. The supporting affidavit of Martin Samburumo dated 12/5/2025 states that the funds were suspected to be proceeds of crime as they were obtained through fraudulent and forged documents. 2. The respondent is said to have been registered on 16/1/2025 as a business name and later converted to a limited liability partnership with its nature of business as litigation on tax issues. The manager of the firm one David Ironda Lumumba is not an advocate and the respondent is not registered with the Law Society of Kenya. In my mind, this alone is enough to justify granting of preservation orders as such business is illegal and any money earned from the same is obvious proceeds of crime. 3. Further the account is shown to have received several transfers and deposits whose source is also suspect as the contracts alleged to have been made to justify the sources of the funds do not exist. 4. Having analyzed the evidence tendered in the supporting affidavit, I am convinced that the orders for preservation are justified and I hereby grant the application in terms of prayer 2 thereof. 5. The orders shall be gazetted as per provisions of Section 83(1) of the Proceeds of Crimes and Anti Money Laundering Act and shall remain in force for the statutory period provided in Section 84 of the Act. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/6053/eng@2025-05-13 1

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