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Justice Maina said that four people who were charged and convicted for stealing the money that disappeared in transit from Mombasa to Nairobi may transfer the money.
- According to court documents, the agency on October 12 last year received information into suspected proceeds of crime and money laundering involving the four from the DCI.
Image: FILE
The Assets Recovery Agency has obtained an order preserving Sh330 million held in safe deposit boxes at G4S Limited, Mombasa.
Justice Esther Maina granted the order after the agency said that four people who were charged and convicted for stealing the money that disappeared in transit from Mombasa to Nairobi ten years ago may transfer the money.
The four, Jacob Musau, Amos Mutuku Musyoka, Sylvester Mbuli Mbuvi and Patrick Karanja Njau, were in 2010 charged in a Mombasa court but later acquitted of several offences regarding the theft.
They were also acquitted of the offence of conspiracy and handling stolen property after the state failed to link them to the offences.
The agency, in obtaining the order before Maina, said it is concerned that the four “may dispose, transfer and disperse the said funds as there are no court orders currently preserving the assets in issue.”
“Investigations have established that the funds held in custody of G4S are reasonably suspected to be proceeds of crime emanating from the theft orchestrated by the four.
"They are likely to withdraw or transfer the funds and thereby benefit from the proceeds of crime contrary to the law."
The judge said the order prohibiting the four from withdrawing or dealing in any manner with the funds will last for 90 days.
The Sh330 million is in different currencies, including 150,000 euros in 300 pieces of 500 euro denomination, 50,000 euros, $5,700, and 4000 pounds. The rest are in Kenya shillings.
The monies are said to be held in a safe deposit box in Mombasa.
According to court documents, the agency on October 12 last year received information into suspected proceeds of crime and money laundering involving the four from the Directorate of Criminal Investigations.
Investigations have established that on February 12, 2010, at Mombasa township, the four conspired to steal $640,000 (Sh72.7 million) 93,000 pounds, (Sh14.3 million) 1,775,000 euros (Sh229 million) 55,170 Swiss francs (Sh6.8 million) and Sh7 million which cash was on transit from Mombasa to Nairobi.
“There are reasonable grounds to believe that the respondents were used as conduits of money laundering in an effort to conceal, disguise the nature, source and movement of the illicit funds and the said funds should be preserved,”ARA said.
The case will be mentioned on May 17.
(edited by Amol Awuor)