ANTI-CORRUPTION COURT FREEZES MILLIONS OF PROPERTIES BELONGING TO FORMER NYS CLERK.

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BY SAM ALFAN.

The Anti-Corruption Court has issued an order freezing  massive property belonging to a National Youth Service millionaire Junior officer suspected to be proceeds of crime.

High Court Anti-Corruption Court judge Mumbai Ngugi, ordered preservation of NYS Mechanical and Transport branch (MTB) at NYS headquarters Ruaraka where Evans Isaac Wafula Kundu is in charge.He is also facing charges before Milimani Anti-Corruption Magistrate court.

His two bank accounts received several huge cash and bank deposits amounting to Kshs. 197,391,968.00 million

The Court preserved plot preservation of LR.NO. 7785/822 situated in Runda estate in Nairobi registered on January 19,2017 in the name of Mojisola Limited whose sole director is Millicent Kundu, daughter to Kundu vide sale agreement dated November 28,2016.

Judge Ngugi  also ordered preservation of the following properties associated with Kundu: LR.NO. 2085/35 situated in Kasarani , Nairobi registered under Kundu name Vide sale agreement dated April 1,2014, LR. NO. 12422/425 situated in Nairobi registered under Kundu name on August 15,2011 and Developed flats in year 2015-2017, LR.NO Kitale Municipality block (GITUA) 13/9 registered in the name of Samuel Akuma Monari but sold to Kundu through a sale agreement dated December 12,2013, LR.NO. 8699/39 (Plot number 21) Trans Nzoia district transferred to Kundu and his wife Sylvia Ajiambo Onguru by Amagoro Park limited through sale agreement dated March 17 ,2014 and LR.NO 8699/7 and LR. NO. 8699/17 Trans Nzoia district registered under his name and his wife Sylvia Onguru through sale agreement dated January 10,2015.

Other properties preserved by the assets Recovery agency are LR.NO 8208 situated in Nakuru municipality registered in the name of Milicent Matiangi Kundu daughter of Kundu through sale agreement dated November 29,2016, LR.NO. Njoro/Ngara block 1/868(KIAMUNYI)  registered on March 10,2014 in the name of Kundu and Aneillarh Kemunto Monari wife to Kundu, LR.NO Kitale Municipality block  13/Gatua /393 registered on August 10,2015 in the name of Kundu and his wife Kemunto Monari and motor vehicle KCF 286T Hino Lorry Truck white in colour registered in the name of Dennis Mburu Nyambua..

The Anti-Corruption court directed the chief registrar to issue and register  a caveat against the records of each of the properties specified above.

The court prohibited Kundu and Dennis Mburu Nyambura either through their agents or servants selling , disposing or other dealings motor vehicle KCF 286T lorry/truck Hino chassis number JHEFY1EUK0011048 white in colour registered in the name of Dennis Mburu Nyambura.

Kundu and Mburu Nyambura were ordered to surrender the motor vehicle and the original logbook to the assets recovery agency within seven days.

The court directed the director general of national transport and safety authority to register a caveat against the said motor vehicle.

The court issued the preservation orders after Assets recovery agency filed a case in court seeking orders to preserve the said properties suspected to be proceeds of crime.

According to court documents, the agency received information on April 26,2018  on ongoing criminal investigations involving fraud and economic crimes at the National Youth Service (NYS) which were conducted by the directorate of criminal investigations.

Last year, several suspects and entities including Evans Wafula Kundu were charged with criminal offences including conspiracy to commit an offence of economic crime among others for the loss of funds at the National Youth service.

The agency preliminary investigation has established that Kundu performed several roles in the fraudulent NYS transactions:he signed most of the fraudulent local purchase orders (LPOS), a number of fraudulent payments vouchers and procured goods not used or required by the MTB.

Investigations have established his bank accounts held at Barclays bank , Ruaraka and Nakuru branches respectively received huge cash deposits during the period under investigations suspected to be illicit funds or proceeds of crime.

Kundu on diverse dates between 2013 to 2017 in his two bank accounts received several huge cash and bank deposits amounting to Kshs 197,391,968.00 million. He engaged in money laundry by using NYS suppliers who are his co-accused to purchase properties on his behalf in order to conceal and disguise the source of the illicit funds.

“Our investigations established that Kundu received illicit funds from NYS suppliers through money laundering schemes and purchased assets in different parts of the country “, said the agency.

In the course of investigations , the agency established that Kundu is the beneficial owner of the assets which he concealed and disguised ownership by registering the same as either jointly owned by himself , his wives , children, associate or companies owned by his daughter.

The preserved properties were acquired through illicit funds or proceeds of crime which Kundu received during the period he was a civil servant working with NYS.

The agency investigator sergeant Fredrick Musyoki filed a supporting affidavit confirming his investigations established the said properties were acquired fraudulently using NYS funds.

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