The High Court of Kenya has ordered businesswoman “Mathe Wa Ngara” real name Nancy Indoveria Kigunzu, to forfeit a total amount of Ksh 13.4 million to the State.
Kigunzu was dealt with a blow following the ruling which will see her lose the Ksh13.4 million which was seized last year from her house to the State.
According to a judgement rendered by Lady Justice Esther Maina, Mathe wa Ngara is required to surrender the money which was declared proceeds of crime.
Justice Maina highlighted that Mathe Wa Ngara could not explain the source of her wealth which led to the conclusion that she acquired it through drug trafficking.
“She has not tendered any proffered explanation as to the source of the money and neither has she given any explanation at all as to why she had kept such a big amount of money in her residence in sacks rather than taking it to a bank where it would have been earning her interest,” read part of the ruling.
“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,” read part of the ruling.
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Mathe Wa Ngara Suffered a Blow
The judge in her ruling highlighted that the Court was satisfied that there was proof on a balance of probabilities that the cash was directly connected to criminal activity.
However, she noted that the commission of that offence by the suspect is yet to be determined.
Kigunzu was charged before the court after the Assets Recovery Agency (ARA) filed a suit claiming that they had been on her trail over suspicions that she was a drug trafficker.
According to the Agency, Kigunzu was suspected to have been engaged in a complex drug trafficking network within Nairobi and particularly around the Ngara area.
This came following her numerous arrests and prosecution for dealing in illicit narcotic substances.
The agency opened investigations after Kizungu was charged for being in possession of over 600 kilograms of cannabis sativa (Bhang) valued at Ksh18.3 million at her residence in Nairobi.
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ARA in the lawsuit argued that they discovered Kigunzu had acquired funds through the drug trafficking business.
Arrest
Additionally, the prosecution told the court that during the arrests, a search was conducted on Mathe wa Ngara’s residence.
During the raid, a total of 30 bags containing dry green material suspected to be cannabis sativa weighing 610 Kgs were seized together with the Ksh13,474,520 believed to be proceeds of crime.
The businesswoman had been freed on a Ksh 1 million cash bail back in December 2023 following her arrest.
In the ruling, the judge ordered Kigunzu to surrender her passport to the court as she was labelled as a flight risk.
Mathe Wa Ngara had been detained since her arrest on August 21, 2023, and a subsequent denial of bail by the Court two weeks after her arrest.
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