• Justice Mumbi Ngugi yesterday said the Assets Recovery Agency proved that assets belonging to Joseph Wanjohi and Jane Wambui were proceeds of crime.
• The two were arrested at their Muthaiga home on October 16, 2009 with 1274 grams of heroin and were charged with trafficking in narcotic drugs at a Kibera court.
Image: COURTESY
A judge has ordered a city couple accused of drug trafficking and trading in wildlife trophies to forfeit property and cash worth Sh1 billion to the state.
The properties are in the posh Muthaiga North area where an acre of land goes for not less than Sh300 million.
Also to be forfeited are two high-end vehicles- a Range Rover Sport and a Mercedes Benz- and five properties
Justice Mumbi Ngugi ruled Friday that the Assets Recovery Agency established that assets belonging to Joseph Wanjohi and Jane Wambui were proceeds of crime.
But the two argued that they were doing legitimate business and there was evidence that the Sh10.5 million cash, four parcels of land and two vehicles were proceeds of crime.
Justice Ngugi said sale of shoes, T-shirts among others as alleged by the couple cannot result in the level of funds deposited in their accounts.
The judge agreed with ARA that their activities are a threat to national security, public good and leads to erosion of values.
They render the youth of the country unproductive hence leading them to be susceptible to hardcore criminal activities.
“We know the damage crime of narcotic drugs has brought on families and devastation caused the trade in wildlife trophies.
“We can’t overemphasise on determent of such illegal trade. We must ensure they don’t enjoy proceeds of such crimes,” she said.
The couple are the directors at Sidjoe Manufacturers and Suppliers and Marudiano Zone Ltd.
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The agency made the application under sections 81, 90 and 92 of the Proceeds of Crime and Anti-Money Laundering Act of 2009.
ARA is the agency mandated to identify, trace, freeze and recover proceeds of crime.
The judge declared that a total of Sh10,589,069 held in accounts in Barclays Moi Avenue account under John Wanjohi and by Sidjoe Manufacturers and Suppliers at Barclays Muthaiga North would be surrendered to the state.
The judges said properties LR Nos.27981/7 and LR No. 122131/65 and LR No 90025 and 27981/8 and LR No1222131/66 all registered in the name of Marudiano Zone Limited are proceeds of crime.
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The amount held at Sidjoe Manufacturers and Suppliers accounts is Sh10,013,187 while Joseph Wanjohi has Sh575,882 in his accounts.
The two motor vehicles are also registered in Wanjohi's name.
Wanjiru is also a resident of Muthaiga and a spouse of the first respondent.
We know the damage crime of narcotic drugs has brought on families and devastation caused by the trade in wildlife trophies. We can’t overemphasise on determent of such illegal trade. We must ensure they don’t enjoy from proceeds of such crimesJustice Mumbi
The two were arrested in Muthaiga on July 12, 2018, and arraigned the following day.
They were charged with various offences including possession of wildlife trophy at Jomo Kenyatta International Airport.
Police said during the arrest, a search was conducted at their residence and four pieces of elephant tusks, assorted alcoholic drinks and Sh460,000 in cash were recovered.
Assets Recovery Agency investigators established that the properties and funds were obtained from the illegitimate trade.
Senior state counsel Mohammed Adow said investigations established that the two jointly acquired massive properties from the illegitimate trade and “registered their names under Marudiano Zone Limited to conceal and disguise the source of funds used to procure the said assets.”
The agency had pleaded with the court to grant the orders arguing that “the economic advantage derived from the commission of crimes will continue to benefit a few to the disadvantage of national security, economy and general interest.
An affidavit by Fredrick Muriuki, a police officer indicated that investigations into the couple began in 2005.
“They were under active investigations for narcotics trafficking, distribution and sale of narcotics and illegitimate trade of wildlife trophies,” Muriuki said
On 16 October 2009, the two were arrested at their Muthaiga home while in possession of 1274 grams of heroin and were subsequently charged with the offence of trafficking in narcotic drugs at a Kibera court.