The High Court has directed that the over Ksh.13 million confiscated from businesswoman Nancy Kigunzu, commonly known as 'Mathe wa Ngara, be surrendered to the government.
'Mathe Wa Ngara' was arrested in August last year in connection with a narcotics bust in Nairobi's Ngara district, which resulted in the seizure of significant amounts of bhang and Ksh.13.4 million cash.
After a court decision, the funds were transferred to Kenya's Central Bank on August 25, 2024. The court determined that the money was the profits of a crime.
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The Assets Recovery Authority (ARA) would next apply to the court, claiming that there are reasonable reasons to assume that the money is a direct or indirect gain, profits, or proceeds of crime derived from a complicated laundering operation and hence should be forfeited to the state.
In a decision made by Justice Esther Maina, the Milimani Anti-Corruption Court in Nairobi stated that the money constituted the profits of crime and hence should be forfeited to the state.
“Having found that the money is proceeds of crime, I have no alternative but to forfeit it to the state (the Government of Kenya) as per the provided,” the court ruled.
“The only reasonable conclusion that this court can draw is that the money was kept in that manner to avoid detection by the authorities. The money falls within the definition of proceeds of crime,” the court noted.
