## Ruling on Mathe Wa Ngara Case
After a series of court sessions, Justice Esther Maina of the High Court of Kenya has ordered ‘Mathe Wa Ngara’, officially known as Nancy Indoveria Kigunzu, to surrender a hefty cash sum to the government. The funds, amounting to Ksh. 13.4 million, were found in Kigunzu’s residence and were declared to be proceeds from crime.
In her ruling, the judge observed that Kigunzu could not explain the source of the money, hence the assumption that it was acquired through illegal activities, specifically drug trafficking. The absence of a satisfactory explanation as to why such a large sum of money was stashed in sacks at her residence, instead of being deposited at a bank, further raised eyebrows.
The Seized Money and Confiscation
During the raid on Kigunzu’s premises, law enforcement officers discovered the funds, alongside a significant amount of cannabis sativa, a banned narcotic substance. Consequently, the court concluded that the seized cash was directly linked to criminal conduct.
Further, Justice Maina stated, “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.” Based on these findings, the court ordered the forfeiture of the funds to the state.
The Legal Battle
As the defense team, led by lawyer Danstan Omari, argued for bail, the prosecution maintained that Kigunzu posed a flight risk. Despite her medical condition and anxiety claims, the court declined to grant her bail.
Attorney Omari declared intentions to challenge the ruling on bail, stating, “We will be seeking a review of the ruling on our bail application so that another court could issue a second opinion.”
The Assets Recovery Agency’s Involvement
The Assets Recovery Agency (ARA) played a crucial role in this case. The agency had been following Kigunzu’s activities, suspecting her involvement in a complex drug trafficking network around the Ngara area of Nairobi.
Following Kigunzu’s arrest in August 2023 and subsequent charging with possession of over 600 kilograms of cannabis sativa, ARA opened investigations that led to the revelation of her acquisition of funds through the drug trafficking business.
The Search and Seizure
During the search at Kigunzu’s residence, officers confiscated 30 bags containing dry green material suspected to be cannabis sativa, weighing 610 kilograms, together with Ksh13,474,520 believed to be proceeds of crime.
The agency’s investigating officer, Fredrick Muriuki, noted that the cash was found alongside Kigunzu’s identity card and Huduma number, as well as other items believed to be used in the drug trade.
The Prosecution’s Case
The prosecution presented evidence suggesting a money-laundering scheme aimed at concealing the origin, location, destination, disposition, and movement of the illicit funds. They argued that Kigunzu intended to launder the cash by avoiding the financial system and transporting it in bulk.
The Verdict
In her judgement, Justice Maina observed that there was no doubt that the money was found in Kigunzu’s house, a location where the police also found cannabis, a narcotic outlawed by the Narcotic Drugs and Psychotropic Substance Control Act. She concluded, “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.”
Implications of the Ruling
This landmark ruling signifies a major victory in Kenya’s fight against drug trafficking and money laundering. It sends a clear message that the proceeds from such illegal activities are liable to confiscation by the state. Furthermore, it underscores the court’s commitment to implementing the law without fear or favor.
Looking Forward
While the ruling signals a significant step forward, the battle against drug trafficking and money laundering in Kenya is far from over. The hope is that this case will deter potential offenders and encourage citizens to report suspicious activities to the authorities.
In conclusion, as the spotlight remains on ‘mama wa Ngara’, the public eagerly anticipates the next chapter in this unfolding story. However, one thing is clear; the fight against crime in Kenya is gaining momentum, and the message to criminals is clearer than ever – crime doesn’t pay.