BY SAM ALFAN .
A man convicted drug peddler has lost two prime properties after the High Court ruled that it was acquired using proceeds of crime.
Joseph Kinyanjui Wanjiru, who was convicted and sentenced to 15 years in jail plus a fine of Sh42 million for trafficking in heroine, lost the property in Mirema and another in Ruiru, after Assets Recovery Agency convinced the court to forfeit the house to the state.
High Court Anti-corruption Division Judge Esther Maina said the properties should be forfeited to the state.
“It is my finding that ARA has established, on a balance of probabilities, that the subject assets are proceeds of crime. The Respondent( Joseph Wanjiru) has been unable to reasonably demonstrate to this Court that the funds from legitimate sources of income purchased the subject assets in his name or dissociate the asset from the criminal activity he was convicted of. I therefore find that the subject assets are liable to forfeiture to the State,” ordered the judge in her decision.
The judge dismissed (Kimuri Housing Company limited) arguments that they ceased being the proprietors once it sold them.
The judge noted that the company does not however dispute that the title documents of the property in question were in its possession and directed the company to surrender the documents to ARA.
“Accordingly an order be and is hereby made that the Interested Party(Kimuri Housing Company limited) shall surrender those documents to the Asset Recovery Agency forthwith and in any event not later than 14 days from today,” ruled the Judge Maina.
The agency told the court that Kinyajui was arrested on the 7th December, 2016 at Mathare Drive-In Estate in Ruaraka and subsequent arraignment in court on 14th December, 2016.
He was charged with the offence of trafficking Narcotic Drugs before JKIA court and the agency subsequently commenced investigations to recover proceeds of crime derived from the illegitimate trafficking and trading of narcotic drugs.
The agency told the court that during the arrests, a search was conducted in the residence and a total of 4,857.87 grams of Heroin whose market value was Sh14,573,610 were recovered from the house on Drive-In Estate, in Nairobi County.
On 6th day of August 2019, the ARA received information that Kinyajui acquired assets or properties using the proceeds obtained from the illegitimate trade.
The properties were L.R Ruiru East Block 1 (Githunguri) 1436, Residential House No. 118, L.R No. 7965/89 and Certificate of Title I.R Number 201022 Mirema Drive (Off Thika Road) Roysambu held in his name which are suspected to be proceeds of crime.
The agency investigations revealed the properties 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.
Investigations further have established that there are reasonable grounds to believe that the properties were obtained through the illegitimate trade in Narcotic drug substances hence proceeds of crime contrary to the provisions of Proceeds of Crime and Anti-Money Laundering Act 2009.
