BY IRENE ONYANGO.
The High Court has declared Sh13,474,520 seized from businesswoman Nancy Indoveria Kigunzu, popularly known as Mathe wa Ngara in August last year as proceeds of crime.
Consequently, Justice Esther Maina directed the funds be forfeited to the government after the woman, who is facing charges of trafficking narcotic drugs, failed to explain the source of the money.
The judge said the cash was directly connected to criminal activity even though the charges she is facing is yet to be concluded.
Justice Maina added that whereas the Assets recovery Agency (ARA) was not required to prove the commission of a specific offence, the agency was required to prove a causal link between the money and some unlawful conduct or criminal activity.
“The sum of Sh 13, 474, 520 be and is hereby forfeited to the Government of Kenya and an order is hereby issued that the amount be transferred to the Applicant’s account number 1240221339 at Kenya Commercial Bank Limited, KICC Branch”, ruled Justice Maina.
The Judge also condemned Indoveria to pay the costs of the suit.
Mathe wa Ngara was arrested by the Directorate of Criminal Investigation on November 23, 2023 at her residence in Kariowa slums, Ngara.
During the arrest, the police confiscated over Sh13 million in cash, 26 bags of cannabis, 4 cartons of rolling materials, 173 packaged sweets and a carton containing suspected cannabis-infused cookies.
The agency argued that it only needs to establish a prima facie case to satisfy the court that there is evidence to support the belief that the property sought to be forfeited is proceeds of crime or unlawful activities.
The agency further submitted that the evidence presented before the court establishes that the funds in issue are proceeds of crime.
However, Indoveria through her lawyer submitted that the application was ill founded, misconceived and premature as the suit funds were exhibits in a criminal matter where the trial is yet to begin and to be concluded.
“There being no conviction or acquittal, it is uncertain whether the suit funds are proceeds of crime. Forfeiture of the suit funds would be prejudicial to the Respondent and would amount to interference in the ongoing criminal case,” said the Respondent.
It was their submission that the question of whether the Indoveria committed a crime is to be determined by the trial court.
