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Asset Tracing and Recovery
CM Advocates LLP has a pre-eminent Asset Tracing and Recovery practices and our team includes specialists with experience in forensic investigative techniques, white-collar crime, and public and private law enforcement work. In each case, we strive for professionalism, thoroughness and rapidity of action. We also have dogged tenacity to go to great lengths to achieve the desired clients’ objectives.
- Fraud including contrived bankruptcies and other fraudulent schemes designs to cheat financiers and creditors are on the increase. Since each fraud is different, the approach and the strategies employed must be trailed to ensure the best results or solutions. Moreover early action is indispensable in order to ensure results. At CM Advocates, we often advises local and international clients on suspected fraudulent activity where it appears that assets have been, or are at risk of, being dissipated. We also advice on investigations and courts proceedings in Kenya as well as working as part of a larger team on multijurisdictional frauds involving global organisations.
- We also help clients plan and implement internal investigations and liaise with external investigative agencies, forensic accountants and the media. In addition, we regularly advise on associated criminal proceedings. Using our multidisciplinary skills, we are able to draw on an array of tools available from both Kenyan courts and foreign jurisdictions to trace and locate such assets and secure them for recovery.
Freezing & Disclosure Orders: are regularly instructed to procure freezing orders or injunctions (normally called Mavera Injunction) and disclosure orders on behalf of clients to prevent defendants or would be judgment-debtor from dissipating his assets as to have the effect of obstructing or delaying the execution of any decree that may be passed against him. In the event that the respondent to an order fails to comply with its terms, we are able to act quickly to seek punitive measures against that defendant.Where the funds have been moved outside the jurisdiction, we are able to call upon trusted lawyers from around the world specializing in asset tracing, freezing and recovery to assist us, and we are also able to supervise such practitioners on behalf of the clients.
- Attachment before Judgement:These orders are normally issued where a respondent has deliberately taken action to avoid any process or otherwise obstruct or delay execution of a decree or anticipated decree. For such orders to be issued, a defendant must be about to dispose of his property or to remove it from the jurisdiction with intent to obstruct or delay any decree that may be passed against him.
- Third Party Disclosure Orders: For purposes of identification of assets that have been misappropriated, we regularly seek orders requiring banks and other appropriate third parties to disclose information. This is particular critical when attempting to trace funds that have been transferred one or several banks accounts. To buttress our efforts, we invariably seek the assistance of the Assets Recovery Agency is a government agency established under the Proceeds of Crime and Anti-Money Laundering Act, 2009.
- Search & Seizure: Search orders are also known as "search and seizure orders" or as "Anton Piller" orders. It is a court order which requires the defendant to give access to the plaintiff or to his/her legal representatives to the defendant’s premises in order to obtain evidence that might be essential to the plaintiff’s case. Such orders may be issued where a defendant has in its possession incriminating documents or things and there is real possibility that he may destroy such material before any application inter parties can be made or otherwise warning others to destroy or conceal evidence. Such orders requires a respondent to allow the applicant's solicitors to enter the respondent's premises and to search for and remove all items covered by the order. We have experience in experienced in applying for and implementing such search orders to preserve evidence that may be relevant to a claim when it is situated on premises that are not under the control of the claimant’s home or office premises.
- Passport Orders: In the event that there is evidence to suggest that the defendant would wish to flee the jurisdiction to avoid ongoing proceedings, we can apply to the court for an order requiring the defendant to surrender their passport(s) and travel documents.
Securing & Enforcing Foreign Judgments: Foreign judgements are enforceable under Foreign Judgement (Reciprocal Enforcement) Act [CAP 43 of the Laws of Kenya]. This Act only applies to enforcement
of Judgements originating from countries which accord reciprocal treatment to judgements given in Kenya and these include Australia, Malawi, Seychelles, Tanzania, Uganda, Zambia, the United Kingdom and the
Republic of Rwanda. Kenya is also a signatory to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters.
This Convention applies to decisions rendered in civil or commercial matters by the courts of Contracting States. In the absence of a reciprocal enforcement arrangement, a foreign judgment is enforceable in Kenya as a claim in common law but this requires prove that such judgement was issued by a competent court and through a fair trial process. We work with foreign claimants and regulators who wish to freeze the assets of defendants (whether domiciled in the Kenya or not) and/or to recover the assets of defendants located in Kenya. If you are concerned about an actual or potential fraud, or would just like more information on how we can help you, please feel free to get in touch.