A Burundi businessman successfully blocked the Assets Recovery Agency’s attempt to seize Sh35.6 million ($274,369.56) held in an I&M Bank account after the Court of Appeal ruled the agency did not prove the funds were proceeds of crime.

The three‑judge bench affirmed a High Court decision that rejected the ARA’s bid to forfeit the money, confirming the lower court’s judgment.

While the agency established circumstances warranting investigation, the judges said it failed to demonstrate, on a balance of probabilities, a link between the money and criminal conduct.

The dispute originated when $350,000 (Sh45.4 million) was transferred into the account of EIS Afrika Group Limited, a Kenyan company linked to Burundi’s EIS Company SPRL.

The businessman, Nduwimana Aimable, who identifies as the sole member and director of EIS Afrika, submitted an explanation supported by documents, stating the funds were tied to a $5 million World Bank‑funded construction contract at the Kavimvira Border Post.

According to Aimable, the money was routed through the Kenyan account because of foreign‑exchange and import challenges in Burundi, and was intended for purchasing equipment and vehicles from Dubai.

ARA contested the explanation, questioning the authenticity of a purported World Bank email and relying on a cyber‑forensic report attributed to the Communications Authority of Kenya.

The appellate judges found ARA had not independently verified the alleged construction project or the source of the funds, and noted that bank statements did not support claims of “massive” cash withdrawals.

Counsel for ARA admitted describing the withdrawals as massive was a “slip”, and the court reiterated that an unusual international transaction alone does not establish criminal provenance.

The appeal was dismissed, the High Court judgment upheld, and EIS Afrika was awarded costs of the appeal.