City businessman Joseph Wanjohi and a companies associated with him has lost bid to lift preservation orders prohibiting them from withdrawing 10.5 million from their accounts and transfer of properties claimed to be proceeds of crime.
This is after high court Anti-Corruption judge John Onyiego dismissed the application filed by Joseph Wanjohi , his wife Jane Wambui Wanjiru and Sidjoe Manufacturers and Suppliers seeking to lift prohibition orders obtained by Assets Recovery Agency last year barring them from transacting , withdrawing , transferring over 10 million and the property.
The judge said that it was unfortunate that the law has set a low bar of proof of evidence for a party to obtain exparte orders and even retention of the same by the court. “That being the law, a court can only sympathise with situation but enforce the law at such a low bar based on reasonable suspicion”,.
“This court is satisfied that exparte orders were regularly and lawfully issued and that there are no sufficient reasons to warrant variation to review of the same. Accordingly , application dated December 10,2018 is hereby with no orders as to costs”, ruled Judge Onyiego.
On November last year, High Court issued orders restraining businessman and two companies from withdrawing 10.5 million from their accounts.
Anti-Corruption court further ordered the businessman to surrender his two luxury cars to the Director of Criminal Investigation George Kinoti within seven days failure to which DCI should seize and detain them.
Justice Hedwig Ong’undi issued orders barring Joseph Wanjohi ,Jane Wambui Wanjiku , Sidjoe Manufacturers and suppliers and Marudiono zone Limited from transferring , transacting , withdrawing , using and other dealing in respect of funds held at Barclays Bank Muthaiga and Barclay’s Bank Moi Avenue.
“Kshs. 10,013,187,60 held in account in the name of Sidjoe Manufacturers and suppliers held at Barclays Bank Muthaiga North Branch Nairobi”. Ordered Judge Ong’undi.
The court also issued preservation barring businessman Joseph Wanjohi from transferring or withdrawing the money in his account.
” Kshs. 575,882,20 held in account in the name of Joseph Wanjohi held at Barclays Bank Moi Avenue branch , Nairobi”. Court further ordered.
The presiding judge further issued orders restraining transfer or sale of two luxury cars Range Rover KBU 950W and Mercedes Benz KCD 299H both registered under the name of Joseph Wanjohi.
The businessman was ordered to surrender the motor vehicles specified to the Director of Criminal Investigation Headquarters within seven days.
Mr Wanjohi was ordered to surrender th original logbooks of the motor vehicles to Asset Recovery Agency.
“In the event the respondents fail to surrender the above motor vehicles as specified , the Director of Criminal Investigation George Kinoti is hereby ordered to seize and detain the motor vehicles specified under order 3 above”. Ordered Judge Ong’undi.
Wanjohi in their application said said their business has stalled as a consequence of the frozen accounts thus jeopardizing their business transactions. They further contended that the preservation orders obtained against the application was open ended without a time frame within which investigations were to be conducted thus jeopardising their business.
They also claimed that majority of their assets preserved were acquired before the year 2099 to 2018 the period alleged that they had received money from illegal activities. They added that the alleged orders granted were previously the subject of preservation orders before the magistrate’s court for three months since August 28,2018.
Wanjohi, his wife and the company dismissed and termed the allegations that they had been depositing cash in tranches of below shillings one million to avoid detection and questioning by the central bank of Kenya as a non starter.
“Regarding the drinks seized from their home , the applicants averred that they have been since been returned to them as the same constitute genuine import business. Touching on motor vehicle vehicle KBU 940W , the applicants stated that the property does not exist as it was involved in a road accident and same marked as a write off”, stated the ruling.
While disputing involvement in illegal trade on wildlife trophies , they termed the same as trumped up allegations and charges without cogent evidence and they had no relationship with acquisition of their property before July 2018 when those claims were made.
They also stated that they have been engaging in legitimate importation , wholesale and retail business of high beverages including alcohol and attached copies copies of cheques showing various bank slips made to the banks by customers and clients among others.
The Assets Recovery Agency in their response filed replying affidavit by Police Investigating officer dealing with offences relating to Narcotics and wildlife crimes under the proceeds of crime and Money laundering Act Fredrick Muriuki saying a team officers from DCI arrested Joseph Wanjohi and his wife Jane Wambui Wanjiru who were suspected to be dealing with in illicit trade in wildlife trophies and narcotics and during the search , they recovered from their bedroom four elephant tusks worthybKshs. 700,000 sealed in a cello tape, cash 469,000 and assorted alcoholic drinks worth 700,000 which they suspected were illegally obtained.
IO Muriuki further added that they were charged with Criminal case Number 9 of 2018 at Jomo Kenyatta International Airport Magistrate Court and later received information that they had acquired massive wealth or assets using proceeds obtained from illegitimate trade of wildlife trophies and narcotics drugs thus offending the provisions of proceeds of Crime abd Anti-Money laundering Act 2009.
The agency through Senior Assistant State Counsel Adow Mohammad added that after investigators analysed the bank accounts in question, they revealed massive suspicious cash deposits made in the transaction below 1 million a deliberate attempt to evade detection of money laundering by CBK and they had reasonable cause to believe that the money was acquired through criminal activities and properties like motor vehicles and land were products of illegal commercial activities in this cade wildlife trophies and trade in narcotics.
Mr Adow added that the undue suffered by the couple as a result of the orders was only two accounts that were affected and the other three containing a total amount of Kshs. 341,455 are not affected and they can survive on the same
He further added that the period of preservation orders had not expired and they were in the process of filing forfeiture proceedings.
