Kenya says it is committed to prevent illicit financial flows and the recovery of stolen assets as an essential component of the Sustainable Development Goals (SDGs).
Attorney General Justin Muturi said the SDGs on Peace, Justice and Strong Institutions aims at reducing illicit financial and arms flows, strengthening the recovery and return of stolen assets and combating all forms of organized crime.
“Asset recovery and asset return play a critical role in strengthening the key foundations of sustainable development including the rule of law and institutional transparency and account- ability,” he said.
Muturi noted that the significance of asset return is given expression in Article 51 of the United National Convention Against Corruption, which provides that the returns of asset is a fundamental principle and States Parties shall afford one another the widest measure of cooperation and assistance.
The AG spoke during the United Nations Office on Drugs and Crime (UNODC) and the Assets Recovery Agency (ARA) Forum on the International Expert Meeting on Asset Return and the Agenda 2063 in Nairobi.
Muturi called for more robust cooperation at all levels between and among State Parties and across regions with all relevant stakeholders as a factor towards accelerating and strengthening the recovery and return of stolen assets.
He presented Kenya’s achievement in the process noting that the Country had established the relevant le- gal, policy and institutional framework to ensure asset recovery and asset return.
In 2018, the Government of Kenya, the Swiss Federal Council, the Government of the United Kingdom and the Government of Jersey signed the Framework for the Return of Assets from Corruption and Crime in Kenya to provide a legal framework for effective and expeditious repatriation of proceeds of crime and corruption that had been illicitly kept away in those jurisdictions.
In addition, Kenya securing the repatriation of stolen funds following the successful prosecution of the Smith and Ouzman case and the Wind-
ward Trading Limited case, with the support of the Governments of the United Kingdom and Jersey, respectively.
“The principles guiding the Framework for the Return of Assets from Corruption and Crime in Kenya, include that the recovered assets should be returned to Kenya,” he said.
Further, Muturi said that wherever possible following a final judgment; the returns should be made in a transparent and accountable manner; and that the returned assets should be used to pursue clearly identified development objectives in line with Kenya’s Vision 2030 and Agenda 2030 for Sustainable Development.
“This forum provides a chance to practitioners to continue with the dialogue on the nexus be- tween asset return and the Sustainable Development Goals and on how asset recovery and asset return can contribute to the achievement of the Agenda 2030.”
The first and second International Expert Meeting on the management and disposal of recovered and returned stolen assets were held in Ad- dis Ababa in February 2017 and in May 2019 respectively.
These meetings brought together asset recovery practitioners deliberating on financing for Development and brought to the fore common challenges to international cooperation in the return of assets and innovation.
