The High court on December 14, 2021, froze over Ksh.113 million held in the bank account of two Kenyan women who received money from a foreigner as a gift.
Justice Esther Maina of the Anti-Corruption High Court Division allowed a request by the Assets Recovery Agency (ARA) to preserve the funds belonging to the two women.
The duo, Tebby Wambuku Kago and Felesta Nyamathira Njoroge (21 years), had the amounts deposited in three different accounts. Authorities believe that the amounts held in Equity Bank and Stanbic Bank are proceeds of crime.
This time, the RA is after some Ksh5 million held in Felista’s account at Stanbic Bank.
Felista is a student at Nairobi Technical Training Institute (NTTI).
The rest of the funds belong to Tebby whose two accounts at Equity Bank hold Ksh.71 million and Ksh.37 million respectively.
ARA moved to court seeking preservation of the funds, saying they are suspected to be proceeds of crime.
Tebby’s bank account held at Equity Bank was opened on February 22, 2021.
An analysis showed deposits amounting to Ksh102 million was made to the account in a span of four days from August 6 to August 10.
The funds were deposited by Belgian Marc De Mesel, a cryptocurrency expert.
De Mesel is also the man who sent another Ksh102 million between August 4 and August 6 to Felesta in her account at Co-operative Bank.
De Mesel said the money was a gift to his girlfriend Felesta.
In Tebby’s case, De Mesel sent Ksh25,422,175 to the account on August 6, 2021. That is the same day he made double deposits of Ksh.25,242,756 and Ksh.25,579,356 to Felesta’s account held at Co-operative Bank.
On August 10, 2021 the man deposited Ksh.25,987175, Ksh.26,552,175 and another Ksh.24,857,175 to Tebby’s account at Equity Bank.
State Investigators said Tebby withdrew Ksh.825,571.22 from the account on September 28 before transferring Ksh.5,113,122.31 and another Ksh.25,565,610.42 to Jane Wangui Kago and Sarah Njoki respectively on October 15.
“The respondents are suspected to be part of a syndicate involved in a complex money-laundering designed to conceal, disguise the nature, source, disposition and movement of the illicit funds suspected to constitute proceeds of crime,” Assets Recovery Agency said in its affidavit through principal state counsel Mohamed Adow.
With a total of Ksh.31,401,303.53 withdrawn or transferred, the agency sought to have the remaining Ksh.71 million preserved for possible forfeiture to the state.
“It is hereby ordered that the preservation orders be and is hereby issued prohibiting the respondents and/or their representatives, employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring and/or dealing in any manner howsoever in respect of funds and any profits or benefits derived or accrued from the funds held in the three accounts,” Justice Maina said.
The freeze order will remain in force for 90 days, the judge said.
