Subject to the arrest of Monyani Rose Musanda on June 14, 2019 at Kinoo, Kiambu County and her subsequent arraignment in Jomo Kenyatta International Airport court where she was charged with the offence of trafficking Narcotic Drugs contrary to Section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act, the developing gist is that Assets Recovery Agency now wants to take over properties and proceeds that she had obtained from sale of these Narcotics.
The agency states that they believe Musanda accrued the proceeds which were enough such that she could procure other properties with the illegally obtained money. The agency further opined that Musanda could not point at a legitimate source of income and for this reason, a reasonable ground to pursue forfeiture of her property to the state existed.
Consequently, pursuant to Section 36 of the Narcotic Drugs and Psychotropic Substances Control act, The Asset Recovery Agency has filed an application at the High Court Anti- Corruption division seeking to take over the assets belonging to Monyani Rose Musanda.
Section 36 of the Narcotic Drugs and Psychotropic Substances Control act states that where any person has committed a specified offence, all the property owned by him on the date of commission of that offence or acquired by him after that date shall be forfeited to the government.
The agency is pleading with the court to issue a forfeiture order that would see money in the Nairobi Businesswoman bank accounts at both Sidian Bank and Diamond Trust Bank forfeited to the state. The agency alleges that the accounts respectively received cash deposit of Ksh 1,462,963.47 and Ksh 325,712.45 which were all proceeds from the crime of drug trafficking.
Apart from the money held at the bank account, the ARA further seeks from the court to issue orders of forfeiture for the defendants motor vehicles (one personal car and 5 Public Service Vehicles): KCM 465X Toyota Axio, KCR 297A Isuzu bus, KBT 692 W Isuzu bus coach, KCC 646D Isuzu bus, KBY 184H Isuzu bus and KCH 179N Isuzu bus.
“This Court to issue an order that the above funds, motor vehicles and properties be forfeited to the Government of Kenya and transferred to the Assets Recovery Agency,” reads part of the court papers.
Through Corporal Fredrick Muriuki, an Investigating officer, the agency informed the court that Musanda had specialized in using proxies to register her properties. The I.O stated that one Thomas Odhiambo who had been named as the owner of the Isuzu bus of registration number KBY 184H was actually a proxy of Rose Musanda.
The I.O also stated that his analysis of the bank accounts statements revealed that there had been suspicion of massive cash deposits and that both bank accounts received huge sums of cash and cheque deposits that were likely to infer activities of money laundering. The money were made in tranches below 1 million to evade the reporting threshold as per Central Bank prudential guidelines for any account holder to declare source of the money.
In June 2019, Rose Musanda had been arrested at her home in Kinoo where a total of 1.5 kgs of heroin and one sack containing approximately 5,000 rolls of marijuana had been recovered from her house. In October last year, a high court judge had issued orders preserving over Ksh 1.7 million held in accounts belonging to businesswoman Rose Musanda.
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