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Kenya Government Blocking Recovery Efforts of Billions of Shillings in Stolen Assets

Neocolonial British raises privacy concerns
 Neocolonial British raises privacy concerns ostensibly to cover up public coffers thieves she is hosting

Nairobi, December 19, 2014 – Organized crime syndicates, which are behind laundering of the proceeds of corruption and facilitating systematic stashing of stolen assets, have deep tentacles in the Kenya government and the judicial system that are frustrating local and international efforts for recovery of billions of shillings out there.

Kenya judicially has been dragging its feet over the recovery of tens of thousands of millions stashed away in Jersey by former finance minister Chris Okemo and former Kenya Power and Lighting managing director Samuel Gichuru wanted by a Jersey court for more than four years. The government failed to act on Kroll Report that traced billions of shillings in bank accounts and assets belonging to former President Daniel arap Moi and his cronies in a span of over two decades.

But that may not be for long following new developments in Europe that has provided save have for over a century. For the first time ever EU member states will be forced to maintain ‘central registers’ which detail who the beneficial owners are of corporate and legal entities, including trusts, the European Parliament has proposed.

However, in a concession to some member states, including the neocolonial British, which had raised concerns over privacy ostensibly to cover up thieves she is hosting, registers for trusts will not be made public and will only be able to be accessed by official bodies or regulators. The UK has been a bedmate with public coffers thieves in its former colonies including Kenya. Corrupt Kenyans own millions of shillings in bank accounts and properties.

The EU move will greatly enhance the efforts of the Stolen Asset Recovery Initiative (StAR) to recover cash stolen by individuals and stashed in offshore accounts. Already billions of dollars have been recovered from multiple accounts that belonged to the disposed Libyan precedent Muammar Gadhafiand hi cronies in a short span of two years.

StAR is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime (UNODC) that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.

To actualize its operations StAR provides the following services:

  • Provide training and capacity building
  • Provide policy analysis and knowledge-building
  • Assist countries in recovery of stolen assets

StAR delivers introductory awareness-raising workshops and more advanced training courses on asset recovery to all institutions, practitioners and stakeholders involved in the asset recovery process. To date, more than 720 participants from 70 countries have participated in regional and national training in Latin America, Africa, South Asia, East Asia, Central and Eastern Europe, and the Middle East. In addition, StAR actively engages with several countries, helping them at their request – develop legislation to strengthen legal frameworks to support asset recovery; assisting in the development of their institutional frameworks and strengthening their capacity to conduct successfully their asset recovery efforts.

StAR has published policy papers, expert guides and a database of asset recovery cases in collaboration with a wide range of practitioners from diverse professional backgrounds, regions and legal traditions. They include TRACK (Tools and Resources for Anti-Corruption Knowledge), developed by UNODC and the StAR Asset Recovery Watch. These knowledge products help practitioners work effectively on stolen asset recovery and promote policy development in international asset recovery.

Civil society organizations and the news media use these tools in their research, information campaigns and advocacy work. StAR also assists in developing practitioner networks, such as the Global Focal Point Initiative a joint initiative with INTERPOL, which facilitates the exchange of information among practitioners before filing of mutual legal assistance requests.

Upon request, StAR provides technical assistance to countries that are operationally engaged in asset recovery cases. Working with all the relevant institutions – including financial centers and anti-corruption agencies – StAR adds value by offering technical advice and best practices in the development of case strategy, as well as in the identification and mobilization of the most appropriate asset-tracing tools – such as mutual legal assistance, seizing and confiscating assets, and assisting in the acceleration of international cooperation. StAR performs the role of a neutral convener or facilitator among parties in the international asset recovery process, to promote effective “quiet diplomacy”.

StAR’s Work Is Built On Four Key Pillars

Empowerment

StAR helps countries establish the legal tools and institutions required to recover the proceeds of corruption. It helps them develop the specific skills needed to pursue asset recovery cases, through sharing knowledge and information, and providing hands-on training in asset tracing and international cooperation on legal matters. StAR helps countries apply these tools and skills by facilitating contacts between jurisdictions in support of asset recovery cases.

Partnerships

StAR works with and helps bring together governments, regulatory authorities, donor agencies, financial institutions, and civil society organizations from both financial centers and developing countries, fostering collective responsibility and action for the deterrence, detection and recovery of stolen assets.

Innovation

StAR generates knowledge on the legal and technical tools used to recover the proceeds of corruption, promoting the sharing of global best practices.

International Standards

StAR advocates for the strengthening and effective implementation of Chapter 5 of the UN Convention Against Corruption and other international standards to detect, deter and recover the proceeds of corruption. Working with global forums such as the Conference of States Parties to the UNCAC and its asset recovery working group, the Financial Action Task Force, and other multinational bodies, StAR fosters collective global public action and helps countries implement international standards.

Fruits of corruption: Okemo and Gichuru  in a Nairobi court fighting extradition to JerseyFruits of corruption: Okemo and Gichuru  in a Nairobi court fighting extradition to Jersey

The new EU move forms part of the fourth anti-money laundering directive. These central registers did not feature in the European Commission’s initial proposal, but were included by MEPs during the negotiations. The aim is to enhance transparency, make “dodgy deals” harder to hide and fight money laundering and tax crime.

The proposals, produced on 17 December, will also require banks, auditors, lawyers, real estate agents and casinos, among others, to be more vigilant about suspicious transactions made by their clients. Krišjānis Kariņš, rapporteur for the EU’s economic and monetary affairs committee, said that for years, criminals in Europe, Africa, and Arab World have used the anonymity of offshore companies and accounts to obscure their financial dealings.

Creating registers of beneficial ownership will help to lift the veil of secrecy of offshore accounts and greatly aid the fight against money laundering and blatant tax evasion. The new rules agreed will provide much greater transparency of the shadowy business structures that are at the heart of money laundering schemes, as well as schemes used by businesses to avoid their tax responsibility.

The new rules still needs to be endorsed by EU member states’ ambassadors and by European Parliament’s Economic and Monetary Affairs and Civil Liberties, Justice and Home Affairs committees, before being put to a vote by the full parliament next year.

The following is a sample of recent StAR recovery database.

Top of Form

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Samuel Gichuru / CB (Chris) Okemu (Click to read details)

Jurisdiction of Origin : Kenya

Jurisdiction of Recovery Effort / Asset Location: Jersey

Status of Asset Recovery : Ongoing

Recovery Start (Year): 2002

Sanjaya Bahel / Nishan Kohli

Jurisdiction of Origin : United Nations

Jurisdiction of Recovery Effort / Asset Location: United States

Status of Asset Recovery : Completed

Recovery Start (Year): 2006

Muammar el-Qaddafi (and related entities and individuals) (Austria)

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: Austria

Status of Asset Recovery : Completed

Recovery Start (Year): 2011

Muammar el-Qaddafi (and related entities and individuals) (Australia)

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: Australia

Status of Asset Recovery : Ongoing

Recovery Start (Year): 2011

Muammar el-Qaddafi (and related entities and individuals) (Canada)

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: Canada

Status of Asset Recovery : Ongoing

Recovery Start (Year): 2011

Muammar el-Qaddafi (and related entities and individuals) (European Union)

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: European Union

Status of Asset Recovery : Ongoing

Recovery Start (Year): 2011

Muammar el-Qaddafi (and related entities and individuals) (Germany)

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: Germany

Status of Asset Recovery : Ongoing

Recovery Start (Year): 2011

Muammar el-Qaddafi (and related entities and individuals) (Sweden)

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: Sweden

Status of Asset Recovery : Ongoing

Recovery Start (Year): 2011

Muammar el-Qaddafi (and related entities and individuals) (Switzerland)

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: Switzerland

Status of Asset Recovery : Ongoing

Recovery Start (Year): 2011

Muammar el-Qaddafi (and related entities and individuals) (United Kingdom)

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: United Kingdom

Status of Asset Recovery : Completed (in part) and Ongoing (in part)

Recovery Start (Year): 2011

Muammar el-Qaddafi (and related entities and individuals) – World Health Organization Recovery case

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: Netherlands

Status of Asset Recovery : Completed

Recovery Start (Year): 2011

Muammar el-Qaddafi (and related entities and individuals) – Netherlands Asset Return

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: Netherlands

Status of Asset Recovery : Completed

Recovery Start (Year): 2011

Muammar el-Qaddafi (and related entities and individuals) (United States)

Jurisdiction of Origin : Libya

Jurisdiction of Recovery Effort / Asset Location: United States

Status of Asset Recovery : Ongoing

Recovery Start (Year): 2011

Ananias Tumukunde

Jurisdiction of Origin : Uganda

Jurisdiction of Recovery Effort / Asset Location: United Kingdom

Status of Asset Recovery : Completed

Recovery Start (Year): 2008

David B. Chalmers, Jr. / Bayoil (USA) Inc. / Bayoil Supply & Trading, Limited (UN Oil-for-Food)

Jurisdiction of Origin : United States

Jurisdiction of Recovery Effort / Asset Location:

Iraq [Development Fund for Iraq] and United States

Status of Asset Recovery : Completed

Recovery Start (Year): 2005

Halliburton / Kellogg Brown & Root LLC (TSKJ Consortium Nigeria Settlement)

Jurisdiction of Origin : United States

Jurisdiction of Recovery Effort / Asset Location: Nigeria

Status of Asset Recovery : Completed

Recovery Start (Year): 2010

Halliburton / Kellogg Brown & Root LLC (TSKJ Consortium Nigeria Settlement / Swiss Account)

Jurisdiction of Origin : Nigeria and United States

Jurisdiction of Recovery Effort / Asset Location: Switzerland

Status of Asset Recovery : Unknown

Recovery Start (Year): 2010

Noble Corporation (Nigeria Settlement)

Jurisdiction of Origin : Switzerland

Jurisdiction of Recovery Effort / Asset Location: Nigeria

Status of Asset Recovery : Completed

Recovery Start (Year): 2010

JGC Corporation (TSKJ Consortium Nigeria Settlement)

Jurisdiction of Origin : Japan

Jurisdiction of Recovery Effort / Asset Location: Nigeria

Status of Asset Recovery : Completed

Recovery Start (Year): 2010

Snamprogetti Netherlands BV and ENI S.p.A. (TSKJ Consortium Nigeria Settlement)

Jurisdiction of Origin : Italy and Netherlands

Jurisdiction of Recovery Effort / Asset Location: Nigeria

Status of Asset Recovery : Completed

Recovery Start (Year): 2010

Siemens AG (Nigeria Settlement)

Jurisdiction of Origin : Germany

Jurisdiction of Recovery Effort / Asset Location: Nigeria

Status of Asset Recovery : Completed

Recovery Start (Year): 2010

Tidewater, Inc. (Nigeria Settlement)

Jurisdiction of Origin : United States

Jurisdiction of Recovery Effort / Asset Location: Nigeria

Status of Asset Recovery : Completed

Recovery Start (Year): 2010

Siemens AG (Italy Settlement)

Jurisdiction of Origin :  Germany

Jurisdiction of Recovery Effort / Asset Location:  Italy

Status of Asset Recovery :  Completed

Recovery Start (Year):  2004

Alain Gagnon / Archive Case

Jurisdiction of Origin :  Canada

Jurisdiction of Recovery Effort / Asset Location:  Canada

Status of Asset Recovery :  Completed

Recovery Start (Year):  2008

Alain Gagnon / Archive Case

Jurisdiction of Origin : Canada

Jurisdiction of Recovery Effort / Asset Location:

United States

Status of Asset Recovery :  Completed

Recovery Start (Year):  2008

 

Blamuel Njururi – International Correspondent WorldNewsVine

Blamuel Njururi Posted by on December 19, 2014. Filed under Breaking News,Criminal Justice,Headline News,International - Headline News,International Criminal Justice,International News,News and Opinions by Blamuel Njururi. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

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