now it depends on how the judiciary system will play out. If you have a good lawyer they can play it well and say " The wife didn’t realize that the property was acquired illegally, all she did was to play her role as a wife and supporting element in that matrimony. She doesn’t need to be punished for the mistakes committed by the husband. With that she is entitled to whats half and the state can take the remaining half."
Depending on the judge mama hatawachwa akiparara because the kids will suffer and they know that …
I’m not a lawyer, however what if the KRA seeks to be a party to the divorce proceedings with an objective of enforcing a potential court judgement? What if ODPP/Asset Recovery also seek to be enjoined?
Give meat to a cat, then try taking it back. She might actually be well intentioned now but wait until she has his property in her name,greed does funny things to our emotions.
Am guessing in a situation like this, that the property in contention is in another court’s jurisdiction, they would have to wait to split the property in divorce proceedings after the corruption cases/court have come to their logical conclusion.
The answer is NO. However this being Kenya, nothing is impossible. Judges & magistrates too have birrionaire aspirations.
One principle of law is that whatever is acquired illegally can not be “cleaned” by good intentions. It’s a fruit of a poisoned tree. Let me illustrate. Supposing I stole a gold chain from your wife and gave it to mine. Does the chain belong to my wife or yours? Got it?
iv been walking in those corridors you are referring to and i have never seen state entities asking to be enjoined in a civil matrimony case . I don’t think kenyan prosecutors have that 3D mind to figure out things like this . But with this Haji guy he might want to be enjoined.