Court allows State to seize assets if owner is into crime

The High Court has ordered the seizure of five vehicles, money and other assets belonging to a couple accused of involvement in human trafficking.

In a precedent-setting decision, Justice Esther Maina ruled that the vehicles, money in three bank accounts and a five-storey building in Mlolongo should be forfeited to the State as they are proceeds of crime.

The Assets Recovery Agency sought the seizure of the assets, saying Mr Peter Mugi Kamau was part of an international network of human traffickers in the business of luring unsuspecting victims, mostly Ethiopians, with jobs in Kenya and South Africa.

The property in Mlolongo is registered in the name of his wife Consolata Ndunge Musau. The judge said although Mr Kamau claimed he was involved in matatu business and claimed to be running a diesel, M-Pesa and bar businesses, he did not produce any documents that would satisfy the court that he was engaged in legitimate business.

“He did not for instance exhibit any PSV or any licences authorising him to engage in M-Pesa business or sale of petroleum products. Neither did he produce records evidencing that the funds were from the alleged businesses,” the judge said.

The money, in three different banks amounts to about Sh380,000. Of the five vehicles seized, one operates as a matatu.

Mr Kamau is currently facing charges of trafficking in persons before a Kiambu court after 22 Ethiopians were arrested in a house in Umoja Estate in Mwihoko, Kiambu County, in October 2020.

The judge said although Ms Ndunge produced evidence showing that she acquired the land and developed the property using loans from a Sacco, they were intermingled with proceeds of crime and the property too are proceeds of crime.

The judge said Mr Kamau used the construction of the property to launder funds acquired from the illegal business by intermingling it with the rent obtained from the apartments.

“Money laundering is also an offence and hence making the property tainted, liable for forfeiture to the State,” the judge said.

The judge said she was persuaded that the funds in Mr Kamau’s accounts at Equity and Co-operative banks came from the illegal business of human trafficking. She said Mr Kamau also helped his wife put up apartments, hence rendering the property proceeds of crime as per Section 2 of the Proceeds of Crime and Anti-Money Laundering Act.

The agency said the 22 Ethiopians were victims of trafficking in persons who had been detained by Mr Kamau and his associates.

During the arrest, a motor vehicle that was used to ferry the Ethiopians was seized and the owner was served with court summons but did not file any response. The court said the vehicle was an instrument of crime and therefore liable to forfeiture.

The prosecution submitted that they had obtained evidence to show that Mr Kamau received money through M-Pesa from 10 associates working in Ethiopia.

The court heard that Mr Kamau used the money to facilitate the movement of the victims of human trafficking.