BY SAM ALFAN.
The High Court has ordered more than Sh13 million seized from drug trafficking suspect Nancy Indovera Kigunzu popularly known as ‘Mathee wa Ngara’ handed to a state agency for preservation.
Justice Diana Kavedza directed the money, which was seized this month by police be preserved for 90 days, following an application by Assets Recovery Agency.
“It is hereby ordered that preservation and seizure order be and is hereby issued for Kenya Shi 13,474,520 held at Central Bank of Kenya found in possession and seized from Nancy Indovera Kigunzu, ordered Justice Kavedza.
The judge ordered that the funds shall be deposited into a preservation account at Kenya Commercial Bank belonging to the state agency.
The judge said a certified copy of the deposit slip be filed in court as proof.
The orders shall remain in force for 90 days a provided in Section 84 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).
The matter shall be mentioned on 28th November 2023.
The businesswoman was arrested a few days ago and arraigned before Jomo Kenyatta International Airport (JKIA) court, and police allowed to detain her for five days as they conclude investigations into the matter.
“There are no Court Orders currently preserving the funds in issue and there is imminent danger the Respondent shall dispose, transfer and dissipate the said funds unless Court issues preservation orders as prayed in this application,” ARA told the judge.
The agency said it was in the interest of justice that preservation order be issued prohibiting Kigunzu or her agents or representatives from dealing in any manner with the said funds.
The court was informed that the woman was arrested on suspicion of trafficking in narcotic drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic substances (control) Act.
The ARA commenced investigations to recover proceeds of crime through the illegitimate trafficking and trading of narcotic drugs in accordance with its mandate.
ARA told the Judge that on 15th August 2023, officers from the Directorate of Criminal Investigations arrested other suspects who are believed to be mules, associates and close relatives of the woman. Two of them are said to be minors and children of Kigunzu and an associate Teresia Wanjiru Mwihaki.
The judge heard that during the arrests, a search was conducted on the residence of Kigunzu and a total of 30 bags containing dry green material weighing 622 Kilograms suspected to be cannabis sativa together Sh13,474,520/= believed to be proceeds of crime was seized.
The court further heard that oon 23rd August 2023 the Agency opened an Inquiry File No. 84 /2023 to investigate and inquire into the legitimacy, source and destination of the above funds for the purpose of ascertaining whether the same is acquired from or is a profits or benefits of proceeds of crime or used/intended for the commission of crime.
“The funds are proceeds of crime obtained from the illegitimate trade in Narcotic Drugs contrary to the provisions of Narcotic Drugs and Psychotropic substances (control) Act no.4 of 1994, Proceeds of Crime and Anti-Money Laundering Act 2009,” says the agency in the court documents.
The agency reveals that preliminary have established that there are reasonable grounds to believe that the funds were obtained through the illegitimate trade in Narcotic drug substances hence proceeds of crime contrary to the provisions of Proceeds of Crime.
