Tuesday, 7 May 2019

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The High Court has dismissed an application by a man and his wife, seeking to have their accounts unfrozen and their two vehicles returned to them.

The accounts of Mr Joseph Wanjohi Muthee and Jane Wambui Wanjiru were frozen last year following an application by the Assets Recovery Agency (ARA), which suspected that the amounts and assets were proceeds of dealing in narcotic drugs and wildlife trophies.

The couple went back to court arguing that the orders were obtained through misrepresentation and failure to disclose all facts to the court.

Further, the two argued that they were doing legitimate business and there was no material to show that the money, four parcels of land and two vehicles — a Range Rover Sport and Mercedes Benz — were proceeds of crime.

The frozen accounts are in Barclays Bank. One has Sh10 million and the other Sh572,872.

SELLING, TRANSFERRING LAND

The court barred the man and woman from selling or transferring three parcels of land.

Mr Muthee and Ms Wanjiru were charged in a Kibera court with dealing in narcotics after police raided their home in Muthaiga North Estate on October 16 and found heroin worth more than Sh1.2 million.

Police also raided their home on July 21, 2018, and found an elephant tusk weighing 7kg and worth Sh700,000.

They were charged at a JKIA court with illegal possession of four pieces of elephant tusks and assorted alcoholic drinks. They denied the charges and were freed on a Sh500,000 bond with one surety each.

ARA, represented by lawyer Mohammed Adow, said the couple has acquired properties, which they suspect are from proceeds of crime.

Mr Fredrick Muriuki, the police officer investigating the case, said in a sworn affidavit that the couple failed to give a reasonable explanation of how they acquired the properties.

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