The Sh13.4 million discovered at Nancy Kigunzu’s residence, also known as Mathe Wa Ngara, has been declared as proceeds of crime by the High Court sitting in Milimani.
The court has ruled that the amount should be forfeited to the state.
Justice Esther Maina has directed that the money be transferred to the Asset Recovery Agency KCB account, located at the KICC Branch.
Previously, the money had been held in safe custody at the Central Bank of Kenya, awaiting the conclusion of the forfeiture proceedings.
Justice Esther Maina emphasized that there is no dispute regarding the fact that the money was found in sacks at Mathe Wa Ngara’s house.
In her judgment, the judge noted that Mathe Wa Ngara failed to provide any explanation regarding the source of the money.
SEE: “Pesa zangu ziko wapi?” – Mathe Wa Ngara demands her Ksh 13m from police
Furthermore, Justice Maina criticized her for not clarifying why she chose to keep such a substantial amount of money in sacks at her residence instead of depositing it in a bank, where it could have earned interest.
“The only reasonable conclusion this court can draw is that the money was kept in that manner to avoid detection by authorities,” she said.
The judge concluded that in the absence of proof that the money was from a legitimate source, they could only be proceeds of crime.
‘I am therefore satisfied that there is proof on a balance of probability that the cash was directly connected to criminal activity even though the commission or otherwise of that offence is yet to be determined,” she said.
The court said its role was to establish the legitimacy of the source of the money in Kasungus possession but not her culpability which is left to the magistrate trying her to determine.
The Agency filed the matter in court saying the money must be proceeds of crime because it was found in the same place plant material, which when analyzed by the government chemist was established to be cannabis, a narcotic substance whose possession, use and trafficking is outlawed by the Narcotics Drugs Act.
