Somebody who believes or knows that a property was acquired through corruption but still handles this property commits an Offence. Handling can mean different things: to hold, to receive or to use the property – or cause it to be used. It can also mean entering in any transaction in relation to the property.
Legal Source and specific text
See “Dealing with suspect property” (section 47 of Anti-Corruption and Economic Crimes Act)
Illustration of Dealing with suspect Property
Mrefu and Macho are good friends. Mrefu is a senior surveyor in the Physical Planning Department in the ministry of lands, while Macho is a businessman. Sometime last year, Mrefu approached Macho and informed him that; while
demarcating and surveying land for the town’s public park, the departments’ officials had managed to exclude a parcel of about an acre which is now not appearing in the park’s title. They had already processed title documents for it. He requests Macho to provide his particulars so that the land is registered in his name, after which they will dispose of it by way of sale and share the proceeds with the team involved in the plan. Macho readily agrees, is registered as owner and the group is now looking for a buyer for the land.
Macho has committed the offence of dealing with suspect property.
(Source: EACC)
