The High Court on Thursday ordered key suspects in the Ksh791 million National Youth Service (NYS) heist to forfeit key properties they bought using the funds.
Justice Mumbi Ngugi declared these properties as proceeds of crime thereby successfully ruling on a petition lodged by the Assets and Recovery Agency (ARA).
The judge cited that ARA in its petition has made a solid case demonstrating that the properties were acquired fraudulently through NYS money.
“It is my finding, therefore, and I so hold that the assets the subject of this matter owned directly or indirectly by the respondents are proceeds of crime,” she ruled.
Part of the properties to be repossessed include four Toyota Prados each valued at Ksh5.2 million, a maisonette in Kasarani valued at Ksh21 million and a parcel of land in Ruiru valued at Ksh3.8 million.
Those affected are Sam Mwadime, his wife Susan Mkiwa Mndanyi, John Vandame, Anthony Gethi, Charity Wangui Gethi, John Ndungu, Paul Gachoka and James Kisingo.
Justice Ngugi averred that the movement of these funds among the suspects was an intricate web of corruption.
“It is very detailed averments on the movements of funds from the NYS to the accounts of one Josephine Kabura Irungu to the accounts of the 1st to 6th respondents have not been controverted,” she stated in her ruling.
“In the circumstances, the respondents having elected not to present their case and the applicant having established on a balance of probabilities that the assets at issue are proceeds of crime, this court is satisfied an order of forfeiture is merited.”
Interestingly, the suspects did not oppose ARA’s application for forfeiture of the assets. They could not explain how they acquired this property.
ARA in its investigation established that the parcel of land in Ruiru belonged to Mwadime who used a forged identification card and a fake name to open a Family Bank account and later bought the house which was registered under his wife’s name.
He also purchased the Kasarani house at the same time and registered it under his wife’s name.
The infamous Josephine Kabura who is also a suspect in the case wired Ksh50 million on two separate occasions to Mwadime’s Family Bank account in 2015.
ARA maintained that it is not done yet and is going for all other assets belonging to the suspects including plots, houses, high-end vehicles and businesses within the city.
