Assets Recovery Agency has filed application before court seeking orders to forfeit shilling 10.5 million and luxury cars proceeds of crime from businessman Joseph Wanjohi and his wife.
“Issue an order declaring that a total of shillings 10,589,069.9 held in account in the name of Joseph Wanjohi at Barclays Bank Moi Avenue, and in the name of Sidjoe Manufacturers and suppliers at Barclays Bank Muthaiga North Branch Nairobi are proceeds of crime and therefore liable for forfeiture to the state,” urge Assets Recovery Agency.
The agency through Senior assistant state counsel Mohammed Adow, wants the court to declare motor vehicle KBU 940W Ranger Rover sport , Station Wagon and KCD 299H Mercedes Benz , DBA 207347 Saloon as proceeds of crime and therefore liable forfeiture to the state.
The agency further seeks the following parcels of land The said land’s as per the court order are L.R NO.27981/7, I.R 122131/65 ,L.R NO. 16217/87/17,I.R 90025 , L.R.NO. 27981/8 and I.R 122131 registered in the name of Marudiano Zone Limited the company associated with businessman forfeited to the state since they are proceeds of crime.
The agency also wants shillings 575,882,20 held in account in the name of Joseph Wanjohi held at Barclays Bank Moi Avenue branch , Nairobi forfeited to the state.
Shillings 10,013, 187,60 million in the accounts of the businessman business Sidjoe Manufacturers and suppliers held at Barclays bank Muthaiga North branch forfeited to the state.
Assets Recovery wants the court to issue an order that all the above funds , motor vehicles and properties be forfeited to the Government of Kenya and transferred to the Assets Recovery Agency.
Adow urge the court to issue orders to facilitate the transfer of the property forfeited to the government.
According to affidavit sworn by agency investigator Corporal Fredrick Muriuki , Joseph Wanjohi and his wife Jane Wambui Wanjiru are directors of Siddjoe Manufacturers and Supplirrs and Marudiono zone limited.
Following the arrest of Joseph Wanjohi and his wife Jane Wambui Wanjiru on 12 of July 2018 at Muthaiga North, the two were charged on 13 of July 2018 with various offences including being in possession of Wildlife Trophy contrary to the provisions of the Wildlife Conservation and Management Act, 2013 in the Senior Principal Magistrates Court at Jomo Kenyatta International Airport.
The Assets Recovery Agency commenced investigations to recover the said proceeds of crime accrued by Wanjohi and his wife through the illegitimate trade of trading in wildlife trophies and narcotic drugs in exercise of its mandate.
Investigator say during the arrests, a search was conducted at the residence of the couple and four (4) pieces of elephant tusks, assorted alcoholic drinks, cash totaling to Kshs 469,000/=, motor vehicle registration number KCD 299H, mobile phones among other items are recovered from the their Muthaiga North Parkside Drive House.
On 6 of August the Agency received information that the couple acquired massive assets/properties using proceeds obtained from the illegitimate trade of wildlife trophies and narcotic drugs and received in the above mentioned bank accounts funds suspected to be proceeds of crime.
The Agency opened an Inquiry to investigate and inquire into the activities in the above accounts for the purpose of ascertaining whether they hold any funds that are proceeds of crime.
Investigations established that the assets, properties and funds in the above accounts are proceeds of crime obtained from the illegitimate trade of wildlife and narcotic drugs.
The investigations further established that the couple jointly acquired massive assets or properties using proceeds from the illegitimate trade of wildlife trophy and narcotic drugs and registered in their names and under the name of Marudiono Zone Limited so as to conceal and disguise the source of the funds used to procure the said assets.
Investigator further say investigations established that there are reasonable grounds to believe that the assets or properties and funds in the above accounts are obtained through the trade of illegitimate trade of wildlife trophies, drugs and illegal substances and the Respondents have not given any reasonable explanation to prove any legitimate source of the funds.
The agency further investigations have revealed that the assets or properties and funds in the above accounts were unlawfully acquired hence proceeds of crime contrary to the Provisions of Proceeds of Crime and Anti-Money Laundering Act, 2009.
“There are reasonable grounds to believe that the accounts are holding Proceeds of Crime contrary to provisions of Proceeds of Crime and Anti-Money Laundering Act, 2009 and are used as conduits of money laundering contrary to Sections 3, 4 and 7 as read together with Section 16 of the said Act,” say the agency.
Adow argue that unless the court grants the orders sought, the economic advantage derived from the commission of crimes will continue to benefit a few to the disadvantage of National security,
interest , economy and general interest.
On 15 November 2018 the couple appeared before the investigating team for statement recording and their statements were recorded and analysing of the statements recorded from the both does not satisfactorily explain the source of the funds used to procure assets in issue and funds in the identified bank accounts.
The statements of the couple contradict each other although they claim to own and run jointly their businesses and investigators findings in that their explanation depicts activities of a typical money laundering activities.
“Our investigations established that the mules acquire, convey, sell and distribute the narcotic drugs and wildlife trophies for and on behalf of the 1st and 2nd Respondents within and outside Kenya,” say the investigator.
The allegations by the two of constantly changing their businesses and creating entities is an indication of their effort and intentions to conceal, hide and disguise the benefits they derived from the illegal trade of narcotic drugs and wildlife trophies.
They claim that the two have expanded their illegitimate trade of prohibited wildlife trophies and sell of narcotic drugs while using mules and proxies.
They allege the couple have criminal activities of the 1st and 2nd Respondents are threat to national security, public good and order, public interest and leads to erosion of societal good values by rendering the youth of this Country unproductive hence leading youth to be susceptible to hard core criminal
He argue that unless the court issue the orders sought, economic advantage derived from the commission of crimes will continue to benefit a few to the disadvantage of the National security, interest ,economy and the general public interest.
There is an international obligation every state to combat illicit trafficking of narcotic drugs and psychotropic substances, transnational organized crime and laundering of proceeds of crime by proper implementation of their national domestic laws.
Last year November, High Court issued orders restraining businessman and two companies from withdrawing 10.5 million from their accounts.
Anti-Corruption court further ordered the businessman to surrender his two luxury cars to the Director of Criminal Investigation George Kinoti within seven days failure to which DCI should seize and detain them.
Justice Hedwig Ong’undi issued orders barring Joseph Wanjohi ,Jane Wambui Wanjiku , Sidjoe Manufacturers and suppliers and Marudiono zone Limited from transferring , transacting , withdrawing , using and other dealing in respect of funds held at Barclays Bank Muthaiga and Barclay’s Bank Moi Avenue.
“Kshs. 10,013,187,60 held in account in the name of Sidjoe Manufacturers and suppliers held at Barclays Bank Muthaiga North Branch Nairobi”. Ordered Judge Ong’undi.
The court also issued preservation barring businessman Joseph Wanjohi from transferring or withdrawing the money in his account.
” Kshs. 575,882,20 held in account in the name of Joseph Wanjohi held at Barclays Bank Moi Avenue branch , Nairobi”. Court further ordered.
The presiding judge further issued orders restraining transfer or sale of two luxury cars Range Rover KBU 950W and Mercedes Benz KCD 299H both registered under the name of Joseph Wanjohi.
The businessman was ordered to surrender the motor vehicles specified to the Director of Criminal Investigation Headquarters within seven days.
Mr Wanjohi was ordered to surrender th original logbooks of the motor vehicles to Asset Recovery Agency.
“In the event the respondents fail to surrender the above motor vehicles as specified , the Director of Criminal Investigation George Kinoti is hereby ordered to seize and detain the motor vehicles specified under order 3 above”. Ordered Judge Ong’undi.
The judge further ordered the Director General of National and Safety Authority to register caveats against the records of each of the motor vehicles.
The Anti-Corruption court further prohibited Joseph Wanjuhi ,His wife and two companies associated with him from selling or any dealing from four lands registered under their business Marudiano Zone Limited.
The said land’s as per the court order are L.R NO.27981/7 and I.R 122131/65 registered in the name of Marudiano Zone Limited.
L.R NO. 16217/87/17 and I.R 90025 registered in the name of Marudiano Zone Limited.
L.R.NO. 27981/8 and I.R 122131 registered in the name of Marudiano Zone Limited.
The Chief Land Registrar is hereby ordered to register caveats against the records of each of the properties.
Orders were issued against each one of the respondents , their agents,servants or any other persons acting on their behalf prohibiting the sale transfer or other dealing with Wanjohi’s luxury cars .