BY SAM ALFAN.
An 21-year-old Nairobi Technical Institute student whose Sh102.5 million were frozen by the High Court last month has asked the court to lift the freeze saying she is not engaged in criminal activities.
Felesta Nyamathira Njoroge wants the Anti-Corruption court to unfreeze her bank account accusing Assets Recovery Agency (ARA) of failing to disclose some facts to the court, when it obtained the order.
“I am not engaged in financial and fair practices and the attempts by the respondent to Lincoln to the infringement of the provisions of the anti-money laundering act 2009 purely malicious,” she says.
She wants to be allowed her bank account accusing ARA of damaging her reputation by serializing the matter through the Press contrary to court practice regulations.
“Action in seeking orders to freeze my Bank accounts was actuated by malice for no explanation was sought from the applicant regarding the funds in her account”, says Felesta.
Felesta argues that ARA obtained sweeping and radical orders against her without making any material disclosure as to whether financial due process was not adhered to in the transfer of funds to me.
In her supporting affidavit, ARA has not served her with any court papers to date and the agency is busy painting her in bad light and no papers have been served upon her.
She further argues that ARA has disclosed her material fact a linking her with the noncompliance for financial due process.
She terms the agency application as speculative and the same as no regard with any economic rights as enshrined in the constitution that the court is a Court of Justice and law and it should not be used to assist the agency in interfering with her rights.
According to Njoroge, the court has no jurisdiction to hear the petition or grant the orders prayed for by ARA.
Court allowed ARA to freeze Felesta Bank account for 90 days to allow the Asset Recovery Agency (ARA) to establish the source of Sh102.5 million in it.
ARA suspects that the millions are proceeds of money laundering, and had, consequently, applied to have Njoroge’s account frozen.
Felesta, on the other hand, says she got the money from her Belgian boyfriend, Marc De Mesel.
Justice Esther Maina ordered the freezing of the money at Co-operative Bank, for 90 days to allow ARA establish its source.
“An order is hereby issued prohibiting the respondent (Njoroge), her employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and, or dealing in any manner in respect of any profits or benefits derived or accrued from the funds,” the judge directed.
Justice Lilian Mutende directed to Felesta to serve Asset Recovery Agency. The matter will be heard on December 8.