BY SAM ALFAN.
The High Court has blocked two people from transferring or selling a property linked to a member of Somalia-based militia al-Shabaab.
Judge B. Musyoki blocked Anwar Yogan Mwok alias Kennedy Yogan Mwok and Hallington Arum Mwok Handa from disposing off, leasing, charging or interfering with the ownership of the property in Dandora.
The Judge directed the Chief Land Registrar to restrict any dealings on the property known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/ Dandora/651 (New Survey No. 826), without the consent of the court.
The court further blocked the duo from receiving or collecting rents from the residential building erected on the parcel.
The two were also directed to surrender the certificate of ownership or title documents of the property to the Director of the Assets Recovery Agency (ARA), for safe keeping.
“An order be and is hereby issued directing such tenants or occupiers of the residential building erected on all that parcel of land known as L.R. No. Nairobi Block 157/826 (formerly L.R. No. Kiambu/ Dandora/651 (New Survey No. 826)) to pay or remit such rent payable into the Criminal Assets Recovery Fund bank account,” ordered Judge Musyoki.
The agency told the court that they received information that Rose Awinja Ondumbu (now deceased) had been charged with and found guilty of dealing in property owned by a terrorist group contrary to the law.
ARA said it opened an inquiry and commenced its investigations which have established that Anwar purchased the property sometime in 2008.
The property was registered in Anwar’s name from the Kiambu Dandora Farmers Company Limited and 24 September 2024 from the State Department of Lands and Physical Planning- Survey of Kenya).
The investigations further established sometime in November, 2013, Anwar left Kenya for Sudan and thereafter Somalia where he joined the Al-Shabaab militia group as a militant fighter.
“This was after he had converted his religion from Christianity to Islam and adopted the name ‘Anwar Yogan Mwok’. Soon thereafter, Anwar had his two wives and children joined him in Somalia,” the court heard.
The agency alleged that the suspect received millions through her MPesa account since 2013.
After analysis of Anwar’s Co-operative Bank account number, it established that it was opened sometime in August, 2009 and as at 15 February 2023, there was a balance of Sh4,324,756. The source of the money could not be ascertained according to ARA.
Further, between 15 February 2013 and 4 January 2014, Anwar received suspicious cash deposits amounting to Sh. 4.1 million.
ARA investigations established that after Anwar fled to Somalia to join the Alshabaab militia group, Ondurnbu took over the management of the Property and would collect rent.
The investigations established that Ondumbu held or maintained M-pesa and Eco-Bank account.
Upon the receipt of the rent deposits Ondumbu would, almost always, withdraw the money and she would send the money to Anwar in Somalia vide the Hawala payment networks making such transfers untraceable.
Further investigations by ARA established that between 2016 and 2017, Ondumu had contacts of and would communicate with persons based in Sudan and Somalia where Anwar had fled to.
Investigating officer told the court that Hallington’s dealing in and receipt of the rents payable therefrom is a violation of the law and in particular knowingly dealing in property that is owned or controlled by a terrorist group contrary to s. 8(1) (a) of the POTA.
“This and the fact that the Property is owned by Anwar who is a member of the Al Shabaab militia make the Property a realizable property and thus liable for forfeiture proceedings,” court heard.
