The recent news of American national David White Odell losing Ksh 37 million to suspects Paul Chogo and Collins Onyango has sparked a vital conversation: Is it possible to get the money back?
For a long time, victims were told they had to wait for the police to finish their criminal case before seeking their money. However, in 2026, the legal landscape has changed. If you are a victim of a “Wash-Wash” or fake gold syndicate, here is how you can fight back.
1. The Civil Recovery Route (No Conviction Needed)
The biggest breakthrough this year is a Court of Appeal clarification regarding the Anti-Corruption and Economic Crimes Act (ACECA).
The Change: Victims can now file for forfeiture proceedings in the Civil Division of the High Court.
The Benefit: You don’t have to wait for the DCI to find the suspects or for a magistrate to find them “guilty beyond reasonable doubt.” You only need to prove your case on a “balance of probabilities.”
Action: Engage a commercial lawyer to file for Asset Recovery immediately after the fraud occurs.
2. Pre-emptive Asset Freezing (The “Mareva” Injunction)
Scammers move money fast. Within hours of receiving Ksh 37M, they often transfer it to offshore accounts, buy luxury cars, or purchase land.
How it works: Your legal team can apply for a “Mareva Injunction”—a court order that freezes the suspects’ bank accounts and prevents them from selling any property while the case is ongoing.
Why it’s crucial: In the Kilimani case, if the accounts are frozen before the suspects can “holed up” (disappear), the victim has a 90% higher chance of full recovery.
3. Reporting to Multi-Agency Units
Don’t just report to the local police station. High-value scams involve “Professional Money Laundering.”
The DCI Operations Support Unit (OSU): This is the specialized unit currently hunting the Makueni and Kilimani scammers. They have the technology to trace phone signals and digital bank footprints.
Asset Recovery Agency (ARA): If the money is deemed “proceeds of crime,” the ARA can seize the suspects’ houses and cars and eventually auction them to compensate the victims.
The Role of Due Diligence
While recovery is possible, it is expensive and slow. Leading law firms in Nairobi now advise a “Verification First” policy.
The Golden Rule: Never pay “insurance” or “clearance fees” to a private company. Genuine fees are paid directly to the Kenya Revenue Authority (KRA) via the official E-Citizen portal.
Conclusion: Don’t Suffer in Silence
The suspects in the Ksh 37M scam—Paul Chogo and Collins Onyango—rely on their victims being too embarrassed to report the crime. By coming forward, you not only stand a chance to recover your wealth but also prevent the next person from falling into the same trap.
