BY IRENE ONYANGO.
Businesswoman Joyce Akinyi has suffered a blow after the High Court ordered the forfeiture of her two vehicles to the government saying they are proceeds of crime.
High court judge Justice Esther Maina said the two vehicles, a Toyota crown KCR 521Z and Toyota DBA KCG 856G were liable for forfeiture because they were acquired using proceeds derived from sale of illicit drugs.
The judge directed NTSA to take steps and ensure that the two motor vehicles have been transferred to the state.
“Having come to a finding that the two vehicles are proceeds of crime, I must also inevitably come to the conclusion that the same are liable to the forfeiture to the state and I do so order,” the judge ruled.
The judge accused Akinyi of being ‘economical with information’ which should ideally be within her special knowledge.
The judge observed that the businesswoman did not tender any evidence that would convince the court that she actually sold a house to purchase the cars. And in the absence of such information, the court had no option but to conclude that the vehicles were purchased using drug money.
“Akinyi did not therefore declare the evidential burden of proof and that being the case and she having expressly admitted that the two vehicles were acquired from the proceeds of sales of the villa, I find that the vehicles are proceeds of crime. The same having been acquired from tainted money,” the judge said.
The Assets Recovery Agency (ARA) argued that the vehicles were acquired through proceeds of crime.
Akinyi and two others were charged at Jomo Kenyatta International Airport court on July 25, 2019.
This was after a search was conducted at her residence at Deep West resort bar in Nairobi West and police recovered 1,050 grams of heroin with a street value of Sh3.09 million.
