Businesswoman Nancy Indovera Kigunzu, popularly known as Mathe wa Ngara, has dealt a huge blow after a Nairobi High Court ordered her Ksh13 million be forfeited to the State for being proceeds of crime acquired through drug trafficking
A judgement rendered by Lady Justice Esther Maina ruled that Kigunzu could not explain the source of her wealth which led to the conclusion that she acquired it through drug trafficking following her numerous arrests and prosecution for dealing in illicit narcotic substances.
“She has not tendered any proffered explanation as to the source of the money and neither has she given any explanation at all as to why she had kept such a big amount of money in her residence in sacks rather than taking it to a bank where it would have been earning her interest.
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"The only reasonable conclusion that this court can draw is that the money was kept in that manner so as to avoid detection by the authorities. In the absence of proof that the money was from a legitimate source, I find and I do so declare, that the money was proceeds of crime," Justice Maina stated
Adding that; "I am therefore satisfied that there is proof on a balance of probabilities that the cash was directly connected to criminal activity even though the commission or otherwise of that offence is yet to be determined. The money falls within the definition of proceeds of crime as it is property derived or realized, directly or indirectly, as a result of or in connection with an offence."
The suit was filed by the Assets Recovery Agency claiming that they had been on Kigunzu’s trail when it was suspected that she was engaged in a complex drug trafficking network around the Ngara area and other estates of Nairobi county.
The agency claimed that after Kizungu was arrested in August 2023 and charged at JKIA Law Courts with being in possession of over 600 kilograms of cannabis sativa (Bhang) valued at Ksh18.3 million at her residence in Nairobi, they opened investigations and discovered that she had acquired funds through the drug trafficking business.
The judge heard that during the arrests, a search was conducted on the residence of Kigunzu and a total of 30 bags containing dry green material weighing 610 Kilograms suspected to be cannabis sativa together with Ksh13,474,520 believed to be proceeds of crime was seized.
"The funds are proceeds of crime obtained from the illegitimate trade in Narcotic Drugs contrary to the provisions of Narcotic Drugs and Psychotropic Substances (Control) Act no.4 of 1994, Proceeds of Crime and Anti-Money Laundering Act 2009," stated the agency in the court documents.
According to ARA investigating officer Fredrick Muriuki, the Ksh 13 million kept in sacks, Kizungu's identity card and Huduma number were, together with green plant material suspected to be cannabis sativa and other items suspected to be used in the trade, recovered in her residence when officers from DCI raided the home on August 15, 2023.
The agency told the court that the investigations conducted revealed that the funds recovered from Kizungu's house were disguised and concealed, raising reasonable suspicion of a money laundering scheme executed in an effort to conceal the nature, source, location, destination, disposition and movement of the illicit funds.
The state agency informed the court that Kizungu intended to launder the cash by avoiding the financial system by conveying the bulky cash.
In her decision, Justice Maina stated there is no doubt that the money in question was found in Kizungu's house and the same place plant material, which was analyzed by the Government Chemist, was established to be cannabis which is a narcotic whose possession, use and trafficking was outlawed by the Narcotic Drugs and Psychotropic Substance Control Act.
