BY SAM ALFAN.
High Court Anti-Corruption Court has freezed over Sh287 held in the Bank account belonging to Congolese and a Belgium national.
Justice Esther Maina allowed Asset Recovery Agency to freeze millions suspected to be proceeds of crime belonging to Jean-Paul Tshikangu Musangu and Venan Ma-Mabiala Mabiala who are the directors of Group Elykia ltd.
“A preservation order is hereby issued prohibiting interested party (Car wirehouse ltd), Respondent ( Jean-Paul Tshikangu Musangu and Venan Ma-Mabiala Mabiala and Group Elykia ltd), their employees, agents, servants or any other persons acting on their behalf from transferring, withdrawing, transacting or dealing in any manner whatsoever in respect of the profits or benefits derived or acrued from the funds specified in the order “, ordered the judge.
This is after Asset Recovery Agency lodged a petition before High court Anti-Corruption Division seeking to be allowed to freeze the account belonging to the two foreigners.
Hundred of millions of money are •USD. 1,747, 105.15 held in the name of Group Elykia ltd, USD. 305,950.87 in the name of Jean-Paul Tshikangu Musangu and USD. 488, 423 in the name of Venan Ma-Mabiala Mabiala all held at Stanbic Bank ltd.
According to the agency, preliminary investigations have established that the Respondents executed a complex scheme of money laundering designed to conceal, disguise the nature,of source, disposition and movement of the illicit funds, suspected to constitute proceeds of crime and which are the subject matter of this application.
“There are reasonable grounds and evidence demonstrating that the funds held by the Respondents in the specified bank account and the motor vehicle number KDE 033S are direct or indirect benefits, profits or proceeds of crime obtained from a complex money laundering scheme and are liable to be preserved pending filing, hearing and determination of intended forfeiture application in accordance with Section 90 of the Proceeds of Crime and Anti-Money Laundering Act, 2009”, agency told the court.
ARA added that there was reasonable grounds to believe that the suspects bank accounts were used as conduits of money laundering in an effort to conceal, disguise the nature of source, disposition and movement of the illicit funds and should be preserved.
Court heard that there was imminent danger the Respondents might withdraw, dispose, transfer and dissipate the said funds as there are no Court Orders currently preserving the assets in issue.
The agency added that there are reasonable grounds and evidence demonstrating that the funds held by the Respondents in the specified bank account are direct or indirect benefits, profits or proceeds of crime obtained from a complex money laundering scheme.
