Hope fades for Kapoko to have K2.2 million seized assets returned, as Court dismisses application

The Economic and Financial Crimes Court has dismissed an application for judicial review filed by incarcerated former Ministry of Health human resource officer, Henry Kapoko, in which he was contesting the Anti-Corruption Commission (ACC)’s decision to hand over to government his seized properties.

Last December, ACC announced the handover of immovable and movable properties forfeited to the state in the Kapoko and others case to the Hostels Board of Management (HBOM) under the Ministry of Tourism, all valued at an estimated K2.2 million.

The assets include an incomplete structure of lodge comprising six structures and assorted furniture, namely 33 beds, 23 mattresses, 33 chairs, 10 headboards and six chests of drawers.

In January this year, Kapoko contested the decision and filed an application for leave to commence judicial review proceedings against ACC.

Kapoko submitted that the anti-graft agency had no statutory duty to hand over immovable and moveable properties including the ones subject of an appeal .

He cited Section 171(4) of the criminal procedure code , Section 6 of the Anti-Corruption Act and article 122 (1)2) of the constitution.

The Court in its ruling found nothing illegal with the said decision to warrant a judicial review.

Justicess Susan Wanjelani , Pixie Yangailo and Ann Malata – Ononuju in their analysis of evidence said the decision to hand over the subject properties to various government institutions was anchored on the judgment of the lower Court which convicted Kapoko and ordered that all the subject properties be forfeited to the State in its entirety.

“Even though the applicant appealed and the matter is before the Court of Appeal, there is no stay of the order of forfeiture of the said properties. In fact, the Court of Appeal dismissed the Applicant’s application for stay of sale of the said forfeited properties,” held the Court.

The Court ruled it was not a fit and proper case in which it could grant leave for judicial review.

Kapoko and two others were in 2018 convicted for theft by public servant and money laundering involving over K6 million.

He is expected to be released from jail in December, this year.

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