BY SAM ALFAN.
The High Court has frozen over Sh5.4 million belonging to Bravie Group limited and Samuel Waithaka Mburu over suspicions they are proceeds of crime.
Anti-Corruption Division Judge Justice Prof. Nixon Sifuna granted the freeze order prohibiting the company, Mburu, their agents, representatives, employees or any person acting on their behalf from dealing, transacting, withdrawing or transferring the money.
The funds USD 34,204.77 equivalent to Sh. 5,472,763.20 are held at KCB Bank in the name of Bravie Group limited.
The judge issued the order for 90 days, pending the filing of forfeiture proceedings.
Asset Recovery Agency (ARA) moved to court seeking to freeze the bank account over suspicion that the monies are proceeds of crime.
“There are no Court orders currently preserving the funds in issue and there is imminent danger the Respondents shall dispose, transfer, withdraw and dissipate the said funds unless the Court issues preservation orders as prayed in this application,” the agency submitted.
The court was informed that unless the court grants the orders sought, the economic advantage derived from the commission of crimes will continue to benefit a few to the disadvantage of the general public interest.
According to ARA, there are reasonable grounds to believe that the bank account was used as conduit of money laundering contrary to Sections 3, 4 and 7 as read together with Section 16 of Proceeds of Crime and Anti-Money Laundering Act, in an effort to conceal and disguise the nature, source, disposition or movement of the illicit funds.
The court heard that Mburu has been using proxies, shell companies and third parties to conceal, disguise, the nature, source, location and disposition of funds from the illicit trade.
ARA submitted to the court that preliminary investigations had established the company operating bank accounts held in Mayfair CIB Bank.
The court heard that Mburu was charged last year before a Milimani court with being in possession of a firearm without a valid firearm certificate.
Rufus Jillo who is part of a team investigating Bravie and Mburu’s bank accounts on behalf of the Agency told the court that on 27th November 2023, it filed an application in the Chief Magistrates court for an order to investigate search the bank account held at KCB Bank.
According to Jillo, a preliminary analysis of the bank statement in respect to bank account number 1178604152 (USD) held at KCB Bank in the name of Bravie company established the bank account has an operating balance of USD 34,204.77.
A further preliminary investigation established the bank account account received funds reasonably suspected to constitute proceeds of crime and was used as a conduit to launder the funds obtained from fraud.
Court heard that Mburu has been charged in Milimani Law Courts E101 of 2023 with the offence of conspiracy to commit a felony contrary to Section 393 of the Penal Code in particular to steal USD 434,100 from Ismail Kolawole Adesina.
According to ARA, the company and Mburu have jointly been charged in Makadara Law Courts MCCR 1225 of 2023 with the offence of conspiracy to commit a felony contrary to Section 393 of the Penal Code in particular to steal Sh. 7,600,000 the property of Rasim Rafeek.
