BY SAM ALFAN.
Properties worth hundred millions belonging to Mombasa businessman and Tanzanian suspected to be bought with proceeds of crime has been forfeited to the government.
Justice Esther Maina forfeited both luxury and commercial vehicles belonging to Mombasa businessman Abdulmajid Msallam Timami and rental houses belonging to Tanzanian Said Mselem Abdallah.
The rental houses are located in section 11 Mainland North in Mombasa.
“A declaration be and is hereby issued that the following motor vehicles are proceeds of crime: KAZ 161M, KCC 232R, КСТ180М, КΑΕ 005A, ZF 6293, ZF 8270, KCQ 854X, KCV459T, KCP632F, KCL 444U, KBQ 4109.The aforestated vehicles be and are hereby forfeited to the government of Kenya,”judge ruled in her decision.
The court directed the Director of the NTSA to effect transfer of the vehicles to the Applicant.
” A declaration be and is hereby issued that the following immovable properties are proceeds of crime and the same are hereby forfeited to the government of Kenya: LR. No. Mombasa /Mwembelegeza/1385 and LR NO C.R 66464 NO 14173 (ORIG NO 14152/22), Survey Plan 371828, LR NO C.R 65470 14171(ORIG NO 14152/20) Section II Mainland North , Survey Plan NO 371826, LR NO C.R 66469 NO 14170(ORIG NO 14152/19) and NO 371825, ” ruled the judge.
All the properties are located in Mombasa Section II Mainland. Court forfeited the properties and all rental income.
Judge Esther Maina directed the Chief Land Registrar Mombasa to effect transfer of the above immovable properties to the Asset Recovery Agency.
The judge found that Asset Recovery Agency (ARA) adduced cogent evidence to prove that Timami was involved in the trafficking of narcotic which is a criminal offence.
“As for causal link between the criminal offence and the properties it is my finding that there is evidence that proves that the suit properties registered in Timami’s name were acquired during investigations,” said judge Maina in the decision.
Judge dismissed claims by Timami that the property registered had nothing to do with him and should not be forfeited to the state.
The judge said the parcel of land in Mwembelegeza legally belonged to Timami because he is the one who sought development approvals which proves the property belongs to him and not the Tanzanian.
Judge said the decision to register the property under tbe Tanzanian name was merely intended to launder the dirty.
