BY SAM ALFAN.
The High Court has issued orders preserving over Sh1.7 million held in the accounts belonging to businesswoman Rose Monyani Musanda, which is suspected to be proceeds of crime.
Justice John Onyiego of Anti-Corruption division also prohibited Monyani from transferring or selling six motor vehicles KCM 465 X Toyota Axio, KCR 297A Isuzu Bus Coach, KBT 692W Isuzu Bus coach, KCC 646D Isuzu bus coach, KBY 184H Isuzu bus coach, KCH 179N bus coach, pending the hearing of the case by Assets Recovery Agency.
“A preservation order is hereby granted prohibiting Rose Monyani Musanda and her agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect of funds held in two accounts held at Sidian Bank and Diamond Trust Bank Madina mall branch belonging to Rose Monyani Musanda,” ruled Judge Onyiego.
Documents filed in court show that Sh 1,462,963.47 s being held at Sidian Bank Kangemi Branch while another Sh325,712.45 is being held at Diamond Trust Bank, Madina mall branch under her name.
The court further directed her to surrender the motor vehicles to Directorate of Criminal Investigation headquarters and original logbooks with immediate effect within seven days.
The Director General of National Transport and Safety Authority was also ordered to register a caveat against the records of each of the motor vehicle. The order should be gazetted within 21 days, the court ruled.
ARA filed the application through Senior State Counsel Mohammed Adow seeking to preserve the money belonging to businesswoman, who had been charged with trafficking in narcotic drugs.
In the petition, the agency told the court that there is imminent danger that Monyani might dispose, transfer and dissipate the said assets as there are no orders currently preserving the assets in the issue.
Monyani was arrested on June 14, this year at Kinoo in Kiambu County and appeared before JKIA court and denied charges of trafficking Narcotics drugs.
Assets Recovery commenced investigations to recover proceeds of crime accrued by the businesswoman through the illegitimate trafficking and trading of narcotic drugs.
During the arrest, a search was conducted at her residence and total of 796.66 grams of heroin were recovered from her house situated at Kinoo in Kiambu.
On June 16, this year, the agency received information that Monyani acquired massive properties using the proceeds obtained from the illegitimate trade of narcotic drugs and psychotropic substance.
Investigations has established that Monyani acquired massive properties using proceeds from illegitimate trade in narcotic drugs and registered under her name and in the name of her proxies so as to conceal and disguise the source of funds used to procure the said assets.
Investigations further established that the assets, properties and funds in the above accounts were unlawfully acquired hence proceeds of crime.
The affidavit by agency investigator corporal Fredrick Muriuki analysis of the Government chemist revealed that the substances contained heroine at 40% which is a narcotic drugs.
Muriuki added that his analysis of the accounts statements established that there were massive suspicion of cash deposits and both bank accounts received suspicious huge sums of cash and cheque deposits that indicate activities of money laundering.
The money were made in tranches below 1 million to evade the reporting threshold as per Central Bank prudential guidelines for any account holder to declare source of the money.