A court has dismissed an appeal by the Assets Recovery Agency to reverse a decision that rejected additional documents in a forfeiture case against suspects in the Sh791 million NYS scam. Appellate judges Wanjiru Karanja, Hannah Okwengu and Daniel Musinga said the agency failed to demonstrate that High Court judge John Onyiego failed to properly exercise his discretion when he dismissed its application. The agency said the delay in filing the affidavit was occasioned by the complexity of the case and the interwoven nature of the crimes investigated. The agency delayed filing the affidavit for more than a year. “The agency has failed to demonstrate that the judge failed to properly exercise his discretion in dismissing the application that was before him in order to warrant this court's interference.

Source: The Star May 13, 2020 02:15 UTC