The owner of Casuarina Plaza has been dealt a blow after the High Court ordered him to surrender the title and ownership documents of the land upon which the building rests to States.
The orders were issued after the Assets Recovery Agency (ARA) told the court that the properties are proceeds and benefits of proceeds of crime.
Through its lawyer Mohamed Adow, ARA said unless preservation orders were given, there was an imminent danger that the owner, Anwar Ali Omar, would dispose, transfer and dissipate the assets.
Adow further said it would be in the interest of justice to prohibit the man and his agents or representatives from dealing in any manner with the properties.
"That the respondent be and is hereby ordered to surrender the title/ownership documents of the properties specified in Order 2 above," Justice Esther Maina ruled.
Order 2 specifies the land reference portion number 13741 measuring 0.0593ha in size and 22.91 metres by 26.3 metres in dimensions and developments on it being Casuarina Plaza.
In documents filed in court, Adow said ARA had begun its investigations into Omar after he was arrested and charged with trafficking narcotics.
During the arrest, a total of 464.46 grams of cocaine with a market value of Sh1,857,840 were recovered in the man's house.
The agency then received information that the land and building in question might have been proceeds obtained from the illegitimate trade of narcotic drugs.
This was confirmed through investigations.
Further to the above order, Justice Maina also issued preservation orders prohibiting Omar and his employees, agents, servants, representatives or any other persons acting on his behalf from dealing in any manner with the land and Casuarina Plaza.
She also gave orders preserving any rental income, benefits and profits accruing from all rental apartments at Casuarina Plaza.
In addition to the preservation, she directed that the same be deposited in the ARA deposit Account held at KCB, KICC Branch pending hearing and determination of the intended forfeiture suit.
"An order be is hereby issued directing the Chief Land Registrar to register a caveat against the records of the property specified in Order 2 above," the Judge ordered.
The preservation orders will remain in force for 90 days as provided in Section 84 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).
ARA is expected to serve Omar with the orders within 21 days from February 7, 2024.
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