A 23-year-old Kirinyaga University student has lost Ksh59 million that he received as a gift from a Belgian billionaire named Marc De Mesel.
Justice Esther Maina of the high court declared the whole amount proceeds of crime ordering the student, Timothy Waigwa Maina to forfeit the money.
In addition, the judge explained that the amount was obtained as a result of international crime and money laundering.
The whole amount Ksh59,149,262 ($390,038) was channeled back to the government.
High court Ruling Over the Ksh 59M Gift
“I agree that there is nothing wrong with gifting someone money, but the issue is the source.
“It is intriguing that although he claims he has many different portfolios that helped him make money, he did not avail any evidence to demonstrate how he raised the money from the same,” the judge ruled.
Further, the court stated that the student was being used by the Belgian businessman to hide the funds and escape the law.
“He agreed to his account being used as a conduit to conceal those funds.
“The circumstances of this case make it clear that he was being used by the Belgian to launder the money which is a crime, and he is not entitled to benefit from the tainted funds,” ruled Justice Maina.
Also Read: Court Allows Gov’t to Confiscate 102M Gifted to Felista, College Student
Government Goes After Waigwa and Other Students
The ruling came after the Asset Recovery Agency (ARA) filed a suit against Waigwa and other four students claiming that they had received Ksh650 million from the businessman all together.
At the same time the agency indicated that the Belgian, who was a well-known cryptocurrency dealer was out to target young university students for his illegal dealings.
However, in his defense, the student stated that the businessman offered him employment in 2019 as a personal assistant and was paying him a monthly salary of Ksh50,000.
After working for the man for three years, Waigwa stated that Mesel offered to send him the Ksh59 million to help him invest in a business.
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His case was argued by the judge who stated that he ought to have been suspicious of the huge amount of money.
“It is my finding that purporting that the money was a loan or gift was just a way of concealing that it was illicit funds,” added the judge.
Marc De Mesel Case with Felesta Njoroge
Earlier in May 2023, a high court gave the government agency the authority to seize over Ksh102 million that was given to Felista Njoroge.
Notably, Felista was a 23-year-old university student who was reported to be the girlfriend of the Belgian businessman.
Justice Maina while making the latest ruling, stated that the huge cash deposits were suspicious in the circumstances, adding it was despite the fact that De Mesel has no criminal record from his country or Kenya does not give legitimacy to his illicit funds.
