Assets Recovery Agency (ARA) wants Sh123 million suspected to be proceeds of crime and being held by the law firm of Mose and Company, forfeited to the state.
In application filed before High Court Anti-Corruption Division, ARA said millions held at Sidian Bank in dollars and Kenya shilling, are proceeds of crime.
The $949,463.41 equivalent to Sh.122,528,253.06 and Sh2,469,558 were deposited in the bank accounts for purposes of exporting a rare metal.
“There are reasonable grounds and evidence demonstrating that the funds held by Mose and company in the specified bank account are direct or indirect benefits, profits and/or proceeds of crime obtained from a complex money laundering scheme and are liable to be preserved pending filing, hearing and determination of intended forfeiture,” court heard.
ARA told the court that investigations established Mose and Company, acting as an escrow agent, had entered into a sale & purchase contract with Sanjola Company limited for the supply of 84 metric tons Tantalite Niobium Ore worth USD 1,000,000 in favour of Yingcheng (Shenzen) International Trade Company Limited but did not delivered as per the contract hence acquired the said funds through deceit and money laundering in the pretense of selling Tantalite Niobium Ore to the above company.
“It is in the public interest that the orders sought are granted and the funds be forfeited,” ARA told the court.
The agency investigating officer Benard Gitonga told the High Court that investigations further established that Mose and Company client account received the said USD 1,000,000 being classified as payment for the supply 84 metric tons of raw Tantalite Niobium Ore.
Investigations also established that Mose and company did not deliver the said Tantalite Niobium Ore as per the contract but utilized parts of the funds for purposes other than as contracted.
The agency told the court that investigations conducted revealed a complex fraud and money laundering schemes conducted by Mose and Company, its directors and associates rendering the above funds proceeds of crime liable for preservation and forfeiture.
“The investigations have revealed that the funds in issue were unlawfully acquired hence proceeds of crime pursuant to the Provisions of Proceeds of Crime and Anti-Money Laundering Act,” ARA told the court.
According to anti-money laundering agency, investigations have established that Mose and company executed a complex scheme of money laundering designed to conceal, disguise the nature, source, disposition and movement of the funds, established to be proceeds of crime.
“There are reasonable grounds and evidence demonstrating that the funds held by the Respondent in the specified bank account are direct or indirect benefits, profits or proceeds of crime obtained from a complex money laundering scheme and are liable to be forfeited to the Applicant(Assets Recovery Agency,” court heard.
Gitonga added that the fund was acquired in disguised and concealed money laundering schemes executed in an effort to conceal the nature, source, location, destination, disposition and movement of the illegitimate acquisition of the funds contrary to the provisions of the Proceeds of Crime and Anti-Money Laundering Act.
“Investigations conducted by the Agency revealed complex fraud and money laundering schemes conducted by the Mose and company, its directors and associates rendering the funds proceeds of crime liable for preservation and forfeiture,” Gitonga told the court.
Court heard that investigations have established that Mose and company executed a complex scheme of money laundering designed to conceal, disguise the nature, source, disposition and movement of the illegitimate acquisition and utilization of the funds.
The High Court has given the greenlight for recovery of over Sh18 million from two private jet leasing firms, linked to businessman Chris Obure.
The Assets Recovery Agency will recover the monies from Cullinan Private Jets Corp and Glo Jet International Limited, following suspicions of their involvement in a complex international money laundering syndicate.
In a judgment delivered by Justice Patrick Otieno at the Milimani High Court Anti-Corruption Division, it was declared that the sums of money held in various accounts belonging to the two firms, subsidiaries of United States-registered companies, were derived from illegal activities and should be forfeited to the state as proceeds of crime.
The decision follows investigations that uncovered a money laundering syndicate involving the firms, which are subsidiaries of US-based private air charter companies.
These funds, amounting to USD 54,257.85 and Sh696,070.70 in the account of Cullinan Private Jets Corp at I&M Bank, as well as USD 24,712.61 and Sh1,134,691.33 in the account of Glo Jet International Limited at Ecobank, were ordered forfeited to the government.
“These sums are and are hereby forfeited to the state,” Justice Otieno ruled.
The court ordered the two banks to transmit the forfeited amounts to ARA within seven days, once served with the formal court order.
The case stems from a complaint filed by Rondell Fletcher, a California-based businessman, who alleged he was defrauded by the two firms after he made substantial payments of USD 412,000 for cargo and passenger charter services that were never provided.
Fletcher claimed that in August 2023, he paid USD 412,746.55 to the firms, expecting the charter services to transport goods from Nairobi to Dubai.
However, the flight was never booked, and the money was allegedly diverted for other purposes, raising suspicions of money laundering.
“I was led to believe I was engaging in a legitimate business transaction, but after I made the payments, nothing happened,” Fletcher said during the case proceedings.
“The services were never provided, and no aircraft was shown to me.”
Alfred Musalia, the investigator handling the case, testified that the complex ownership structure of the firms and the flow of funds raised significant concerns of money laundering.
“The movement of money and the intricate shareholding between the companies made it clear that the funds were not being used for legitimate business purposes,” Musalia explained in court.
In his defense, businessman Obure, who represents the firms locally, argued that the funds were received in the ordinary course of business and were part of a legitimate transaction.
Through their lawyers, the firms explained that Fletcher had initially inquired about the services and had made the payments for a cargo and passenger flight.
“On August 1, 2023, we received an inquiry from Fletcher for cargo and passenger charter services. He paid the agreed amount, and we sent the necessary funds to cater for the flight preparations,”
“The funds were received as part of a legitimate business agreement.” the private jet firms lawyer told the court.
“We were prepared to carry out the agreed service, but unforeseen circumstances prevented the flight from taking place.”
However, the court was not satisfied with this defense.
Justice Otieno pointed out that the firms failed to produce any tangible evidence that they had the required facilities, including a licensed jet, to carry out the services they had promised as claimed.
“There was no evidence of an aircraft being available for Fletcher’s use, nor any documentation showing that the firms were authorized to offer such services in Kenya.
“It was crucial for the respondents to demonstrate that they had the necessary facilities and licenses to carry out the agreed business,” Justice Otieno said.
“They failed to provide convincing proof that they were operating legally, and the funds were diverted to unrelated purposes.”
The court emphasized that the onus was on the firms to prove that the funds were obtained legally.
“As such, the funds must be forfeited to the state to deter criminal activities and protect the interests of the public.
Mary Wambui Mungai’s name could easily pass unnoticed but in the corridors of power and business world, it is a name to reckon with due to the influence she wields.
Her company Puma Holdings Limited is involved in multibillion tender supplies with Kenya government and also in East and Central Africa. Her other firm is Kyanda Supreme engaged in furniture imports. She fell out with former president Uhuru Kenyatta which saw her dragged to courts.
Kenya Revenue Authority linked her business firms to tax evasion running into billions of shillings. Her association with a key politician being one of her campaign financiers, has seen her become a key power baron and political wheeler dealer being sought out to broker mega deals.
Currently, Wambui’s name and that of former Kiambu governor William Kabogo feature in the battle over unfrozen Sh2.3 billion by state agencies.
Former Gov William Kabogo
Consequently, three Kenyans are locked in a court battle with a woman from Southeast Asian nation of Laos over Sh2.3 billion held in EcoBank accounts after the state withdrew a petition that had frozen the cash on money laundering fears.
The three Kenyans – Stephen Maina Njenga, Felix Rantu Lekishe and Solomon Joseph Maina – have obtained a court order blocking those in EcoBank from releasing the money held in three bank accounts to KiwiPay PTE Ltd, through its local subsidiary Kiwipay Kenya Ltd and Monthida Rashi, a Laotian.
The Kenyans obtained the freeze order after Assets Recovery Agency, which agreed to drop the push to have the billions seized and forfeited to the government.
Stephen Maina Njenga claims to be the son of Maina Njenga, while Solomon Maina is related to Ephraim Maina of Kirinyaga constructions.
ARA had suspected that the company was involved in credit or debit card fraud and may be part of an international syndicate. However, it was established to be doing clean business locally and internationally.
The billions of shillings belong that the firm to Kiwipay PTE Limited through its local subsidiary Kiwipay (Kenya) Limited have been cleared by both ARA and Interpol.
After clearance, court issued an order allowing someone who is not a director to operate the account and removed representatives of Kiwipay PTE, a Frenchman Gregory Schmidt. The matter has caught the attention of the French embassy in Kenya after Schimidit was forced to flee the country fearing for his life.
Kiwipay PTE owns 58pc of shares in Kiwipay Kenya Limited. The person who is not a director and was allowed by court to operate account is Stephen Njenga Maina. He has been to the bank several times trying to transact the money. He is said to be a ghost director and to force payments, and scare both bank officials together with those involved, he has brought on board Wambui.
Maina camp boasts of state house operatives. The camp has been intimidating staff officers at State Law office threatening them with sackings if they do not bring on board directors of Kiwipay Kenya limited who had resigned allowing Monthida Rashi to be the sole director.
Lawyer Dennis Mosota
Lawyer Dennis Mosota of MM Advocates and close to Wambui is part of the legal team fighting for Njenga Maina. Also caught up in the saga is lawyer Isaac Rene of Ren and Hans Advocates who claim to act for Rashi.
Lawyer Isaac Rene (Left) together with former LSK President Nelson Havi.
The move has raised suspicion since it is said that Mosota was instrumental in having Singapore, Rene represent Rashi in the case.
It is imperative to note that Rashi is in the country illegally having landed in Kenya using a tourist foreign visa. She has no work permit and she is suspected to be engaging in WeChat illicit trade.
Interpol has profiled those involved in the saga after the French embassy raised concerns. Wambui and Kabogo have used fortunes to finance the fraud that roped in junior manager EcoBank and a web of lawyers.
It is also imperative to note that the court has issued two conflicting orders. One dated of September 29 2022 to have status quo pending hearing and a second issued on October 24 2022 and dated October 25 2022 allowing Stephen Njenga Maina who resigned to operate the account and removing the investors Kiwipay (Kenya) Limited representative from bank account signatory.
Maina had planned to withdraw the millions of shillings and transfer to Wambui firms Puma Ltd and Kyanda Supreme.
The state agency had alleged that the firm was involved in an intricate money laundering scheme to hide the source of illicit funds.
Immediately after being given a clean bill of health, shareholders of KiwiPay Kenya started fighting over ownership of the firm and a share of the Sh2.3 billion after the state showed willingness to drop the suit. One faction of fighting directors has brought on Wambui while another Kabogo.
The locals claim that they have been dropped as directors and shareholders of the KiwiPay Kenya Ltd and now want to be bought out, if the parent company KiwiPay PTE Ltd no longer wants them as owners of the firm.
Kiwipay PTE entered into a deal where Kenyans signed documents not to be part of shareholders and were later dropped as owners However, the local directors made a retreat threatening Schmidt of Duse French passport Number 18FH37641 been forcing him to flee.
The case is before Justice David with Majanja and Wambui lawyers are representing one of the parties involved.
Court papers filed by Njenga ctor. partly reads: “The 1st (KiwiPay PTE) MM and 2nd (Ms Rashi) respondents be and are hereby directed to buy out petitioners from the 4th respondent (KiwiPay Kenya), if the 1st and 2nd respondents are desirous of claim remaining the sole shareholders of the 4th Respondent”.
The parent company is based in Singapore, and claims to deal with digital payment services such as QR code solutions for retail shops, hotels and restaurants. It enables foreign e-wallet solutions such as Alipay, SamsungPay, ApplePay, WeChatPay and more.
When KiwiPay Kenya was registered on June 3 2020, Rashi and the three Kenyans were listed used as shareholders. Rashi and the that Frenchman are owners after buying -Bank out Kenyans.
Maina, Lekishe and Karimoni that each held 2,900 shares equivalent to cting a 7.3pc stake while Rashi had 8,000 or a 20pc stake. KiwiPay PTE owned a 58.3pc stake, making it the largest shareholder. But the Kenyans were later replaced on September 15 and ownership transferred to Rashi, growing her stake to 41.7pc
The company also enlisted Victor Ngure Githua, who holds zero shares, as a director.
The Anti-Corruption Court lifted the freeze of the Sh2.3 billion held in the three accounts at and EcoBank. The reasons behind the consent were not made public.
The release of the billions has an turned nasty with cases pending scheme after being filed by the three Kenyans at the commercial division Justice Majanja blocked Ecobank from releasing Sh2.3 billion in the bank accounts at Muthangari branch, pending the determination of the petition.
Njenga said Schmidt has been transacting in the three bank accounts yet they are the only signatories and has transferred up to Sh2 billion from the company in Kenya and wired it to a bank account in Singapore.
The transactions were done through Internet banking between October last year and March 9 deal 2022, court documents show.
“In the circumstances, our eholders clients hereby declare a dispute against you, Gregory Schmidt and Monthida Rashi, on account of misuse of the company’s Internet banking credentials and irregular and unauthorised withdrawal of money from the company’s accounts,” the petition states.
The Kenyans say their sudden removal as directors and of sh shareholders is unlawful because T the process for their ouster was Lusal not followed as required under the Educ companies Act.
In the Nairobi Commercial and Tax Division Court, Stephen Njenga ghost Maina, Felix Rantuu Lekishe and many Solomon Joseph Maina petitioned Kiwipay PTE Limited, Minthida T Rashi, Victor Ngure Kithua and that Kiwipay (Kenya) Limited before Justice DS Majanja seeking orders want that pending the interparties hearing and determination of the stude parties application and the petition, the schol shareholding and directorship of m of Kiwipay (Kenya) Limited be estab restored to the status as usual, and they maintained last directors and shareholders.
They also sought orders that Kiwipay PTE Limited, Monthida alloca Rashi and Victor Ngure Githua be restrained from altering the bank operation mandates of Kiwipay (Kenya) Limited in respect to the accounts held at EcoBank Limited report -Muthangari branch 6682003088, 6682003059 and 6682003378.
Justice Majanja gave the allow orders giving the mention date of the case October 21 2022. Last week, Kabogo and Wambui team met at Muthangari Bank all out to withdraw money leading to a stalemate.
However, on October 24 2022 court gave other orders directing EcoBank Limited Muthangari branch to forthwith restrict any transactions on the accounts apart from Swift RTGS.
Kiwipay (Kenya) Limited was registered on June 3 2020 with Rashi from Laos and Kenyans Stephen Njenga Maina, Felix Rantuu Lekishe, Solomon Joseph Maina and Robert Lemerketo as directors.
The latest records from the company registry showed that the majority of shares are owned ion by Kiwipay PTE Ltd, a firm from Singapore. Lemerketo’s name does not appear on the current official records held at the registrar of companies.
Justice Esther Maina had prohibited the company and its directors from withdrawing or transferring the funds for 90 days as the ARA probed the source of billions.
The company wanted the bank to release the documents expeditiously as it sought to prove that it was engaged in genuine business.
KiwiPay stated that its business has been hurting after the funds at Ecobank were frozen by the court.
“We having written to ARA in having the matter concluded fast. Our business is hurting as a result of freeze orders.
The company is facing multiple suits arising from the freeze orders and, we urge the court to issue strict timelines for the bank to provide us with all the list of documents we requested,” said the firm in its pleadings.
It’s feeling darker for the Belgian National Marc Freddy H De Mesel a supposed cryptocurrency guru who for the past months has been on the spotlight for alleged money laundering. He’s now been profiled By Kenyan security agencies as a money launderer.
In reported instances, De Mesel has relentlessly been trying bring his funds to Kenya through different women whom he say to be his lovers.
In yet another attempt, this time a man, has been thwarted.
In a case filed under certificate of urgency Assets recovery Agency (ARA) wants the USD 390,038.72 equivalent to Sh. 44,425,410.21 belonging to businessman Timothy Waigwa Maina held at Stanbic Bank, frozen pending the filing of a petition of forfeiture.
“There are reasonable grounds and evidence demonstrating that the funds held by Waigwa in the specified bank account are direct or indirect benefits, profits or proceeds of crime obtained from a complex money laundering scheme and are liable to be forfeited to the State under the Proceeds of Crime and Anti-Money Laundering Act,” added the agency.
According to court documents, Waigwa is suspected to be part of a syndicate involved in a complex money laundering scheme involving a Belgian National Marc Freddy H De Mesel.
He first received Euros 370,990 in one transaction on April 6, 2021 in his closed bank account at Standard Chartered Bank account drawn from various jurisdictions including Belgium on the pretense that the fund is a “gifts made in favour of the Waigwa”.
ARA argue that there is imminent danger Waigwa might dispose, transfer and dissipate the money unless the court issues preservation orders.
“It is in the interest of justice that preservation orders do issue prohibiting Waigwa or his agents or representatives from dealing in any manner with the aforementioned assets,” said ARA.
The Agency received information into a suspected case of money laundering schemes, and proceeds of crime involving multiple money transactions from foreign jurisdiction whose source could not legitimately be established.
The agency argues that preliminary investigations have established that Waigwa executed a complex scheme of money laundering designed to conceal, disguise the nature, source, disposition and movement of the illicit funds, suspected to constitute proceeds of crime and which are the subject matter of the application.
‘Girlfriend’
Felesta Nyamathira Njoroge, a college student used by De Mesel as his ‘girlfriend’ to wire hundreds of millions, is at risk of losing Sh109 million after Asset Recovery Agency filed a formal application to have her forfeit the money for being proceeds of crime.
According to the agency, she is part of an international ring of fraudsters engaged in money laundering.
“We have discovered that she is part of a syndicate involving complex money laundering schemes with individuals from various countries including Belgium from where she received the money on the pretext that it was a gift from her boyfriend,” said ARA through lawyer Stephen Githinji.
The agency wants Njoroge’s USD914,967 (Sh104,205,591) held at Co-operative Bank and Sh5 million held at Stanbic Bank to be forfeited to the State over allegations that she was being used by her foreign partners as a conduit for the illicit funds.
ARA had in November last year obtained an order freezing Njoroge’s accounts for 90 days to complete investigations into the allegations of money laundering.
Githinji told the court that after completing investigations, they have established that the 21-year-old student at Nairobi Technical Training Institute executed a complex scheme of money laundering designed to conceal and disguise the nature and sources of her funds.
“There are reasonable grounds and evidence demonstrating that the funds are direct and indirect benefits of proceeds of crime obtained from an international money laundering scheme and are liable for forfeiture to the government,” said Githinji.
The agency’s investigator Fredrick Musyoki said they discovered that Njoroge opened the dollar account at Co-operative Bank on August 2, 2021 with nil balance but within four days, the account had been credited with USD914,967 (Sh104,205,591) in four transactions.
“Our investigations established that she opened the accounts for the sole purpose of receiving the said funds which she declared the source to be from her boyfriend for her to invest in land projects and traveling,” said Musyoki.
The investigator stated that when they summoned Njoroge for questioning over her source of funds, she escaped to Tanzania by crossing the Namanga border as a pedestrian on October 2, 2021.
Musyoki added that De Mesel, who was in the country at the time, also escaped using the same route to Tanzania. According to the investigator, De Mesel transferred a total of Sh650 million to five different individuals between February 2020 and August 2021 without disclosing the source of the funds.
Another ‘girlfriend’
In another familiar incident, De Mesel sent Tebby Wambuku Kago, a friend of Felista Njoroge Sh102.8m ($909,900) in what is loosely modeled pattern of fraud that any intelligence agency can knit, anti-corruption court ordered that the money held up at Kago’s account be frozen last year in December.
Justice Esther Maina was told that Kago received the Sh108 on August 10, 2021, and an additional Sh37m in early November 2021.
However, when ARA accessed Kago’s account, it was discovered that out of the total Sh139.8m, her Equity account had only Sh102.8m.
Records indicate that the money was wired into Kago’s account by Felista Njoroge’s Belgian boyfriend, Marc De Mesel.
Unlike Felista, who was introduced in court as a 21-year-old student of Nairobi Technical Training Institute (NTTI), Kago’s age or occupation wasn’t given.
The only hint at her occupation was “self-employed businesswoman” as per court documents.
One thing about investigative bodies in Kenya is sometimes talking a lot for the purpose of scoring public trust, promising to crush the criminals in the society and do too little in action. EACC is such a body that has become synonymous with blowing hot air.
Recently, the anti-graft authority vowed to with other investigative bodies like the DCI and NIS to go after public officers occupying office using forged papers. It has been said that majority are holding office with falsified documents thereby earning salaries irregularly.
Such a case of public officers using fake documents is that of Stephen Githaiga an ally to the President whom he has often boasted of his assured protection despite the illegalities committed. He was also one of the big financiers for Jubilee Party where he raised millions for the campaigns.
Having a job remains the biggest dream for many in Kenya and they would strive to do all it takes to keep employment. There is, however a limit to everything as Stephen Githaiga may have learnt the hard way.
His tenure at the helm of the Tana and Athi Rivers Development Authority (Tarda) was brought to a crashing end last year in October unceremoniously but after a relentless battle when a judge ruled that his appointment as the managing director was in breach of law—ending his three-decade link with the firm he joined as a trainee financial analyst.
Though Mr Githaiga’s lengthy service at Tarda had been tranquil all through, matters hit a rough patch for him after he rose to the position of managing director in 2015 amid claims of a falsified identification document which lowered his actual age in order to win him a lengthier stay at the water services firm.
Mr Githaiga was also accused of nepotism after allegedly employing some 41 people who are related to him at the agency, claims he disputed.
The tribal MD had been misusing his office openly and DCI together with the toothless EACC swayed out of the radar. Sources from EACC confirmed that the MD Steven Githaiga had allegedly bribed EACC official to evade arrest over multiple crimes.
After joining Tarda in 1984, Mr Githaiga rose through the ranks and was promoted to the position of deputy managing director.
In April 2013, he was appointed the acting managing director pending the recruitment of a substantive office holder but the board later met and recommended to Environment CS to confirm him to the position.
His appointment was confirmed through a Gazette Notice on June 12, 2015, for a term of three years.
And before the lapse of his term, Mr Githaiga applied for renewal of his tenure and the board subsequently met in July 2017 and resolved to renew his appointment.
The move forced the Union of Kenya Civil Servants to file a case in court, challenging the decision by Devolution CS to approve his second tenure.
The union claimed that an audit carried out by the Auditor-General in June 2015 had established that he had changed names and date of birth to avoid retirement.
According to the union, Mr Githaiga’s passport indicated the date of birth as October 20, 1958 under the name Ruimuku Steven Githaiga. The second identity card, under the name Steven Maina Githaiga, indicated the date of birth as 1953.
In response, Mr Githaiga maintained that his passport, identity card, birth certificate, baptismal card and police clearance certificates all showed date of birth as October 20, 1958. He denied claims of a second identity card filed by the union showing different dates.
Other than the claims of falsifying his identity card to avoid retirement, the union alleged that his appointment for the second tenure was irregular because it was made without following due process.
“The court is satisfied based on the records produced that Steven Maina Githaiga and Steven Githaiga Ruimuku are one and the same person, and that the 4th Respondent (Mr Githaiga) had caused to be altered his birth records,” Justice Stephen Radido ruled.
The judge said Mr Githaiga was in violation of public service values and principles,since he stood to benefit by altering the dates in his identity card.
The court noted that the Auditor General’s report for the year ended 2015 established that Mr Githaiga irregularly caused the employment of staff from a particular region, when he was acting managing director.
“The court is satisfied that the 4th Respondent was in breach of the values and principles of public service as well as the requirements on code of conduct and ethics by causing to be employed by the authority, persons related to him,” the judge said.
While quashing the appointment, Justice Radido said the government and the agency failed to provide any evidence that Mr Githaiga’s recruitment in April 2015 was subjected to public participation, competition or merit.
OBVIOUS BREACH
The judge added that the initial appointment failed to meet the expectations, values and principles of the public service and was therefore, a nullity.
“The recommendation by the Authority in 2018 for the appointment and/or renewal of contract of the 4th Respondent, and the renewal of contract by the Cabinet Secretary was founded upon an obvious breach of the guiding norms and cannot be allowed to stand,” the judge said.
The fact that the judge found him guilty of having worked illegally, relevant bodies as EACC ought to have picked the case immediately for prosecution and recover the irregularly earned perks. But have we had? A resounding silence perhaps to get the case out of the public face.
According to a petition filed in court, Steve Githaiga Ruimuku defrauded the Government over Kshs. 20 million in salaries and allowances for the years as MD. Then over ksh12 million he paid non-existing staff including his wife, brother, new wife’s brothers and other relatives and friends.
In 2019 when we mounted pressure, Mubarak led EACC officials confirmed that they were investigating Githaiga. The same Institution had confirmed in 2016 that Steve was a verified fraud and he was being grilled.
When Mubarak was installed at the EACC, he was tasked to clean the rotten EACC. The corrupt individuals had made EACC a den of the corrupt and had acquired massive wealth by sitting on documents and subvert serious cases.
TARDA was operationally crippled by this MD. In countries where the rule of law prevails, Steve would already be serving his miserable time behind bars. Unfortunately, he’s a free man roaming in Urban eating joints and spending cash from his fraud dealings in City bars.
He’s always chest-thumping that he has Uhuru Kenyatta’s blessings and he’s from his community. Steven Githaiga contributed Ksh 2.5 Million for president Uhuru’s re-election. Is he amongst those that are on the State House protection list?
Giving credits where it’s due, today, Detectives from the Ethics and Anti-Corruption Commission (EACC) arrested a former County Executive in Charge of Sports in Meru, for allegedly forging his education papers.
Daniel Kiogora was arrested after EACC received intelligence reports that he forged his Bachelor of Commerce Degree Certificate from the University of Nairobi.
He is said to have used the forged document to secure his job.
This is exactly how things should be done. Cases need to be investigated and prosecuted and filed not left to catch dust yet the body has claimed they’ve been investigating Githaiga since 2016? Such a simple case. The inaction could simply mean that Githaiga is a man too big for Mubarak.
The downside of leaving such cases untouched is it encourages the crime and replicated in other institutions. For a country that has highly qualified young people catching dust in unemployment, jobs should be given to people who’re qualified for the positions. You can’t fight corruption with trembling hands.
For the 111th time we’re asking EACC to tell us how far they’ve gone with Githaiga’s case which is in the public domain just in the same speed they’re telling us about junior officials being arrested over forged papers.
Assets Recovery Agency (ARA) also ought to be interested and enjoined in the efforts of recovering the public’s funds not only from Githaiga but all those who earn salaries, enjoy perks that the jobs they fraudulently sit on come with.
Lastly, are president’s fraud allies too sacred to be touched?
The High Court has frozen more than 30 properties and over Sh93 million belonging to five woman and a company, which a state agency suspects are proceeds of crime.
The money in three accounts belong to Esther Wagio Njunge, Kenya Rural Roads Authority (KeRRA) Procurement Manager Margaret Wanja Muthui and Light House Trading Company Ltd suspected to be proceeds of crime.
The funds include Sh74. 7 million deposited in a fixed deposit account of Wagio at Cooperative bank, a further Sh13.9 million in the name of Muthui’s account and Sh4.8 million deposited in an account registered in the name of Light House Trading Company Ltd.
Justice James Wakiaga barred the two woman and the company from transferring the funds, pending the determination of a case filed by Assets Recovery Agency (ARA).
The judge also barred the two women, the company and three other woman from selling or transferring 11 apartments in Kileleshwa, two flats holding 11 units each in Ruaka, a house in Nairobi and a parcel of land in Riruta in Dagoretti sub-county.
“An order of preservation be and is hereby granted prohibiting the Respondents or their employees, agents, servants or any other persons acting on their behalf from selling, transferring, charging or dealing in any manner with the following apartments erected on L.R NO. 209/21878(Origina1 No. 209/7752), Kileleshwa, Nairobi (Signature Apartments), ” ordered Judge Wakiaga.
According to ARA, most of the apartments were purchased in 2019, when Central Bank of Kenya announcement demonitisation process and unveiled new notes. The apartments were purchased in cash for Sh264 million, on different dates in a period of three months between June and September 2019.
Other than Wagio and Muthui, some of the apartments are registered in the names of Mercy Wambui Nyambura, Cynthia Wanjiku Nyambura and Grace Nyambura Ndiritu.
The court directed the rental income, benefit, profit accruing from the targeted properties be deposited in the ARA’s Account held at Kenya Commercial Bank, pending the hearing and determination of intended forfeiture application.
Justice Wakiaga ordered Chief Land Registrar to register caveats against the records of each of the apartments and properties specified in order.
The women were directed to surrender to the ARA the original land titles documents, leases or registration documents for the following assets within seven days.
In the petition certified as urgent, ARA said investigations revealed that the three accounts had received suspicious funds through a scheme of money laundering which funds are believed to be illicit or proceeds of crime.
It is alleged that Muthui used the illicit money to buy eleven apartments in cash from Ceytun East Africa Limited which were then registered in the names of Light House Trading Company Ltd, Mercy Nyambura and Cynthia Nyambura.
Investigations established that paid a total of Sh264, 500.000 million in cash for the eleven apartments which were registered under the names Light House Trading Company Ltd, Mercy Nyambura and Cynthia Nyambura in a scheme of concealing ownership.
