The news:
- A Kenyan judge has declined the motion by the Asset Recovery Agency (ARA) to withdraw its case against Flutterwave.
- The judge questioned why the agency was withdrawing the case after presenting the court with evidence proving wrongdoing on Flutterwave’s end.
- The judge will only withdraw the case when the ARA CEO or a high-ranking official signs an affidavit that there’s no evidence to keep the case going.
Judge Nixon Sifuna of the Kenyan High Court in Nairobi Kenya, has declined a motion by Kenya’s anti-graft agency, ARA to withdraw its case against African fintech, Flutterwave.
He said funds in Flutterwave accounts earlier suspected by the ARA to be proceeds of crime will remain frozen.
According to court documents seen in this tweet, the judge pointed out that the ARA presented the court with volumes of documents to prove that it had evidence the millions of dollars in the Flutterwave accounts were gotten illegally.
“What about the volumes of documents that accompanied the suit at the time of filing? What about the said Corporal Nakitare, on oath in his affidavit stated he had over a period of time collected, and which is on the court file hitherto in five volumes” the judge pointed out.
The judge also said agencies like the ARA should investigate and gather evidence before they file charges so that the cases are followed to their logical conclusions and the truth is known to the Kenyan populace.
He added that filing cases and suddenly withdrawing them erodes the trust in the agency.
The case will only be withdrawn after the ARA’s CEO or a high-ranking officer swears an affidavit that there’s genuinely no evidence. The sworn affidavit will be confirmed on July 27, 2023, while Flutterwave accounts remain frozen.
