Section 106B Surcharges · High Court ACECD Orders · London Commercial Claims
Initial forensic queries
SWIFT & IFMIS trails compiled
Investigating undisclosed side fee letters and London syndicate account diversions. Pleading civil bribery and breach of fiduciary duties in the English High Court Commercial Division.
Counsel pleading drafting
Challenging the commercial enforceability of tainted EPC margin tranches under World Duty Free precedent. Evidence establishes that single-sourcing breached Article 227 and PPADA Section 103.
Courtroom & public findings
High Court Anti-Corruption Division Unexplained Wealth Orders. Surcharge certificates issued under Section 106B of the Evidence Act against corrupt officials and shell intermediaries.
Courtroom-ready filings linked to each audit case
Challenging the commercial enforceability of tainted EPC margin tranches under World Duty Free precedent. Evidence establishes that single-sourcing breached Article 227 and PPADA Section 103.
Formal mutual legal assistance request from the Attorney-General (Cap. 75A Central Authority) seeking a US District Court restraining order over US-situs assets, with the companion §1746 declaration, asset schedule and diplomatic dispatch checklist.
Seeks a provisional freeze, information ban and production order over Swiss accounts traced via a three-hop SWIFT UETR trail, with dual-criminality analysis under StGB 322ter/314/305bis and restitution undertakings.
Pleads voidness and rescission for ultra vires borrowing, civil conspiracy, dishonest assistance / knowing receipt and restitution over tainted syndicated tranches — with the loss schedule and London strategy notes (counter-restitution, arbitration stay, Mareva injunction).
Investigating undisclosed side fee letters and London syndicate account diversions. Pleading civil bribery and breach of fiduciary duties in the English High Court Commercial Division.
Formal mutual legal assistance request from the Attorney-General (Cap. 75A Central Authority) seeking a US District Court restraining order over US-situs assets, with the companion §1746 declaration, asset schedule and diplomatic dispatch checklist.
Seeks a provisional freeze, information ban and production order over Swiss accounts traced via a three-hop SWIFT UETR trail, with dual-criminality analysis under StGB 322ter/314/305bis and restitution undertakings.
Pleads voidness and rescission for ultra vires borrowing, civil conspiracy, dishonest assistance / knowing receipt and restitution over tainted syndicated tranches — with the loss schedule and London strategy notes (counter-restitution, arbitration stay, Mareva injunction).
High Court Anti-Corruption Division Unexplained Wealth Orders. Surcharge certificates issued under Section 106B of the Evidence Act against corrupt officials and shell intermediaries.
Seeks an Unexplained Wealth Order, interim preservation, non-conviction-based civil forfeiture and personal surcharge against politically exposed persons holding diverted public-debt proceeds. Includes the Certificate of Urgency and the 9-item investigating-officer exhibit checklist (Exhibits IO-1…IO-9).
Companion motion seeking an interim freezing order and production of the UWO sworn statement within seven days, supported by the full Affidavit of the Investigating Officer (PEP status, disproportionality analysis, BOF1 layering, Section 106B electronic evidence).
Particularises the instrument, liable officers, violations and loss schedule (KES/USD) for a special audit of diverted loan proceeds — structured to support both domestic surcharge and US §2467 restraint recognition.
Joint certificate classifying the audited facility (Bucket 2/3), naming culpable officers, quantifying loss in four components, scheduling domestic and offshore assets, and sealing the record with a Merkle-rooted electronic certificate for parliamentary tabling.
Moves for summary forfeiture and surcharge judgment on the pleadings — vesting orders against bank, land, NTSA, CDSC and BRS interested parties, with 100% of recovered proceeds directed to the Sovereign Debt Redemption Account. Includes the Affidavit of Non-Compliance (Exhibits NC-1…NC-4).
Tri-Agency (OAG · EACC · ARA) forensic-to-court clock
| Aspect | Track 1 — POCAMLA (ARA) | Track 2 — ACECA (EACC) |
|---|---|---|
| Evidentiary standard | Strict causal nexus: the specific property must be traced to the predicate offence (POCAMLA ss.90 & 92). | Disproportionality only: verified assets against known lawful income, with the burden shifting once the gap is shown (ACECA ss.55 & 55A(1)). |
| Primary targets | Private contractors, shell SPVs and offshore laundromats with direct IFMIS/SWIFT trails to ghost contracts or diverted escrows. | Public officers and politically exposed persons holding proceeds disproportionate to known lawful income. |
| Lead agency | Assets Recovery Agency (ARA) | Ethics and Anti-Corruption Commission (EACC) |
| Statutory weapons | POCAMLA s.92(4A) burden-shift on unverified payouts · s.93(4) substitute assets · s.112A redemption routing · ex parte preservation orders. | ACECA ss.55A–55C ex parte UWOs and s.56 freezes (no s.26 notice) · PFM s.202(3) personal surcharge suits inside the 60-day window. |
| Filing trigger | Completed documentary tracing (SWIFT UETR, IFMIS vouchers, BRS Form BOF1) linking funds to the ghost contract or diverted escrow. | Auditor-General Surcharge Certificate tabled in Parliament plus the asset-to-income reconciliation table above the KES 5,000,000 threshold. |
| 100-day window mandate | Days 61–80: ex parte POCAMLA preservation over shell-company accounts · Days 81–100: cross-border MLA freezes and substitute-asset attachment. | Days 61–80: ex parte UWOs and personal surcharge suits · Days 81–100: convert unanswered 30-day UWOs into summary forfeiture (ACECA s.55B(2)). |