The High Court in Nairobi has granted the Assets Recovery Agency (ARA) orders to seize 12 high-end vehicles pending a thorough investigation into whether they are proceeds of illegal drug trade.
The ARA that had sought the orders from the court argued that these vehicles are believed to be the proceeds of drug trade.
Justice Nixon Sifuna, the judge presiding over the case, also issued a directive instructing the National Transport and Safety Authority (NTSA) to prevent any potential transfer of these vehicles.
Additionally, a sum of Sh2.5 million belonging to the suspects has been frozen by the court.
ARA had taken the matter to court to secure preservation orders while awaiting the outcome of a forfeiture case. The term “forfeiture” implies that the assets in question would ultimately be surrendered to the government.
Justice Sifuna, while granting his approval of this course of action, stated, “I am satisfied that this is a case that warrants the preservation orders as sought.”
Drug trafficking charges
According to the ARA, the main suspect, Juma Olunga Wakhayanga, came under the scrutiny of ARA for involvement in illegal dealings after his brothers faced charges related to drug trafficking.
As part of the court’s decision, the Directorate of Criminal Investigations (DCI) has been directed to hold the seized vehicles at their headquarters on Kiambu Road until the conclusion of the case.
The ARA, while presenting their case in court, emphasized that the suspects were unable to provide a satisfactory explanation for the substantial cash movements. This raised concerns that these funds could be tied to criminal activities.
According to ARA’s submissions in court, the brothers had moved a total of at least Ksh63 million between 2022 to date. This amount did not align with the suspects’ claims that it constituted earnings from their salaries and consultancy work.
Declaration of sources of large income
Banking and regulatory institutions have been increasingly stringent in requiring customers to account for the source of funds involved in any transaction exceeding one million shillings. This is a measure aimed at curbing the flow of illicit cash from illegal dealings.
Cases related to drug trade and unexplained large transactions have also been on the rise in Kenya. Authorities are of late often implicating high-ranking politicians and prominent business figures.
In recent days, Trans Nzoia Senator Allan Chesang has faced allegations of involvement in a gold scam. This comes in the wake of the arrest of three individuals linked to the case.
The Directorate of Criminal Investigations (DCI) confirmed that the suspects were apprehended in the upscale Runda estate of Nairobi. Counterfeit US dollars, a gold induction melting machine, an export permit for minerals, and samples of minerals bearing the names TENG GERM LTD, along with Kenya Revenue Authority (KRA) stickers were also discovered during the police raid.
