BY SAM ALFAN.
Nigerian national who was arrested at the Jomo Kenyatta International Airport (JKIA) while heading to Dubai in big trouble with Kenya security agencies.
This is after Assets Recovery Agency filed an application seeking court orders to freeze over Sh100 million seized from a Nigerian on Friday at JKIA.
Mauzu Bala, who was arrested Friday at JKIA, failed to declare and show proof of the source of the money in US dollars, Euros and Nigerian Naira that was stacked in his hand bag.
The agency told the Anti-Corruptuon court that failure Bala to declare that he was carrying such a huge amount and without a reasonable explanation or documents to support the legitimacy of the cash, raised suspicion of money laundering.
Section 12 (1) of the Proceeds of Crime and Anti-Money Laundering Act, which requires a person to declare any amount above US $ 10,000 (approximately over Sh1 million).
Bala allegedly stold security agencies he was heading to Dubai for business. But the agency said there are banks in Nigeria and Dubai that allow a customer to transfer money within the two countries.
Bala had no proof of declaration of being in possession of the bulky cash from Nigeria or documentation to support the source, purpose or movement of the cash.
The money is currently being held by the CEO of Kenya Airways Allan Kilavuka, for safe keeping. The agency wants an order directing Kilavuka to hand the money to ARA.
The court heard that the Act provides the agency to obtain a court order seizing money within five days where there is reasonable grounds to believe that it is illicit money.
The money was US $ 880,000, 60,000 Euros and 63,000 Nigerian Naira.
ARA says the Nigerian had disembarked from Kenya Airways flight KQ535 from Lagos, Nigeria was intercepted at the transit lounges, heading to catch light KQ310 to Dubai.
The agency investigating officer Sergeant Fredrick Musyoki in his affidavit said there are reasonable grounds to suspect the funds found in possession of Bala in cash may be a direct or indirect benefit or proceeds of crime obtained from a complex money laundering scheme and are liable to be forfeited to the state under the Proceeds of Crime and Anti-Money Laundering Act, 2009.
Immediately, he was intercepted, ARA filed an application before a magistrate at JKIA but the ruling was yet to be delivered, forcing the agency to rush the High Court.
IP Musyoki said in the statement that the funds might be released to Mr Bala, hence the rush to get the order.
“That there are no court orders currently preserving the assets in issue and there is imminent danger the respondents shall dispose, transfer and dissipate the said assets unless the court issues preservation orders as prayed,” submitted state counsel.
Court is expected to make orders on the matter.
