In a significant ruling, the Supreme Court has mandated that the Assets Recovery Agency (ARA) must demonstrably prove a link between suspected assets and criminal activity before initiating forfeiture proceedings.

• The court dismissed appeals by the ARA and the Ethics and Anti-Corruption Commission (EACC) seeking to confiscate Ksh19.6 million.
• Key entities involved: Assets Recovery Agency (ARA), Ethics and Anti-Corruption Commission (EACC), and the Supreme Court.
• A critical takeaway is that a criminal conviction is not a prerequisite for forfeiture, but a clear connection to criminal conduct must be established by investigators.

Chief Justice Martha Koome of Kenya has called for a transformation of Africa’s justice systems to be more people-centred, accessible, and inclusive, advocating for the strengthening of alternative dispute resolution (ADR) mechanisms.

• A recent Afrobarometer survey found that only half of citizens across 38 African countries expressed confidence in obtaining justice through the courts.
• Chief Justice Martha Koome and President William Ruto both emphasized the importance of ADR and traditional justice systems at the 3rd Africa Chief Justices’ Alternative Dispute Resolution (ADR) Forum in Nairobi.
• Kenya's court-annexed mediation program has returned over KSh52 billion to the economy since 2016.