BY SAM ALFAN.
Asset Recovery Agency (ARA) now wants Sh289.8 million seized from a Congolese and his Belgian accomplice forfeited to the state stating that they are proceeds of crime.
The funds were banked in Stanbic bank under the name Groupe Elykia ltd and Jean-Paul Tshikangu Musangu and Venan Ma-Mabiala Mabiala, a Belgian.
The agency also wants a Mercedes Benze belonging to Musangu forfeited to the government as part of proceeds of crime.
“Court be pleased to issue an order that the above funds and motor vehicle be forfeited to the Government of Kenya and transferred to the Assets Recovery Agency and do make any other ancillary orders it considers appropriate to facilitate the transfer of the property forfeited to the Government,” urges the agency.
The agency says there are reasonable grounds to be believe that the funds are proceeds of crime or acquired from proceeds of crime and are used as conduits of money laundering contrary to Sections 3,4, 7 and 16 of Proceeds of Crime and Anti-Money Laundering Act.
“It is in the interest of justice that forfeiture orders do issue forfeiting the funds and unless the court grants the orders sought, respondents shall illegitimately enjoy the economic advantage derived from the commission of crimes and acquisition of proceeds of crime or profits and benefits of crime,” adds ARA.
The agency through the investigating officer Fredrick Musyoki said he received information on December 3, 2021, into suspected complex money laundering schemes and acquisition of proceeds of crime involving Groupe Elykia ltd, and the two foreigners.
The agency says the scheme was being executed in a complex web of money laundering designed to conceal, disguise the nature, source, disposition and movement of the illicit funds.
“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 money laundering schemes and are liable to be forfeited to the applicant in accordance with Section 90 of the Proceeds of Crime and Anti-Money Laundering Act”, adds ARA CI Musyoki.
The agency argues that there are reasonable grounds to believe that the suspects’ bank accounts were used as conduits of money laundering in an effort to conceal, disguise the nature, source, disposition and movement of the illicit funds and should be forfeited to the state.
