BY SAM ALFAN.
A state agency has moved to court seeking to have property belonging businessman Anwari Ali Omari forfeited to the state, arguing that they were obtained from sale of narcotic drugs.
Asset Recovery Agency wants the High Court to declare the property known as Casuarina Plaza as proceeds of crime and therefore liable for forfeiture to the State
“This Court do issue orders that any rental income, benefits, profits accruing from all rental apartments known as Casuarina Plaza erected upon Land Reference Portion Number 13741 measuring 0.0593 in size and 22.91M BY 26.3 in dimensions be forfeited the Assets Recovery Agency,” seeks ARA.
In February, Justice Esther Maina blocked Anwar from dealing with a property in Malindi over suspicion that it is linked to proceeds of crime.
The court then put a freeze of 90 days on the property following his arrest for possessing cocaine valued Sh1.8 million.
The Judge prohibited Anwar, his employees or agents from dealing in any manner with the stated property known as Casuarina Plaza, pending the determination of a petition filed by Assets Recovery Agency (ARA).
The court further ordered that any rental income, benefits, profits derived from the property be deposited with the Agency’s bank account at Kenya Commercial Bank, KICC Branch pending hearing and determination of the intended forfeiture application.
The businessman was ordered to surrender the title or ownership documents of the said property to the agency.
The preservation order was gazetted on the 1ª March, 2024 vide Gazette Notice No. 2511 pursuant to section 83(1) of Proceeds of Crime and Anti-Money Laundering Act, 2009.
ARA told the Anti-Corruption court that Anwar accumulated his wealth through criminal activities of trading and sell of narcotic drugs contrary to the provisions of Proceeds of Crime and Anti-Money Laundering Act, 2009, Prevention of Organized Crimes Act and Narcotic Drugs and Psychotropic Substance Control Act No. 4 of 1994.
The criminal activities of Anwar are threat to national security, public good and order, public interest and leads to erosion of societal good values by rendering the youth of this Country unproductive hence leading youth to be susceptible to hard core criminal activities.
“Depriving the benefits of crime from Anwar shall act as deterrence and maintain national security,” state ARA.
The investigations officer told the court the investigations in the matter has established that the assets are proceeds of crime which require them to be forfeited to the state.
