Blow to Mathe wa Ngara as Court Freezes Property 

The High Court has barred Mathe Wa Ngara from dealing with the assets/properties, vehicles and rental incomes alleged to be proceeds of crime. 

The ruling was delivered following an urgent application by the Assets Recovery Agency (ARA).

Justice Benjamin Mwikya Musyoki froze multiple assets, including properties in Juja and Vihiga County including the Georgina Apartments

Incomes generated from the properties will be secured in a designated ARA account at Kenya Commercial Bank, pending hearing and determination of the intended forfeiture application.

In addition to the properties, several motor vehicles registered under the names of the respondents have also been seized.

The court ordered the surrender of title deeds and vehicle logbooks to the ARA within seven days.

The vehicles will be assembled and stored at the agency’s premises at UAP Old Mutual Towers.

Judge Musyoki further directed the Chief Land Registrar and the National Transport and Safety Authority to register caveats, barring any sale, transfer, or unauthorized dealings with the listed properties and vehicles.

The orders will remain in force for 90 days upon publication in the Kenya Gazette.

“A preservation order be and is hereby issued prohibiting the Respondents and/or their employees, agents, servants, representatives or any other persons acting on their behalf from dealing in any manner with the following parcel of land and properties or developments. improvements and structures thereon,” ruled the court.

“A preservation order be and is hereby issued preserving any rental income, benefits, profits accruing from Apartment known as Georgina Apartment situated at Juja- Kalimoni in Kiambu County built on JUJA/KALIMONI BLOCK 4/311 and JUJA/ KALIMONI BLOCK 4/312 and direct that the same be deposited in the Assets Recovery Agency deposit Account number 1240221339 held at Kenya Commercial Bank, KICC branch pending hearing and determination of the intended forfeiture application.”

In the application, ARA alleges that Nancy Indoveria Kigunzu popularly known as Mathe wa Ngara is involved in a major narcotics trafficking operation that has led to the accumulation of illicit wealth, which she has concealed through the acquisition of assets.

According to the agency, Mathe wa Ngara, who has been arrested and charged with trafficking narcotic drugs, used the proceeds from her illegal activities to acquire various properties, including real estate and motor vehicles, which were registered under her name and the names of her associates and close allies.

Following her arrest in Nairobi on August 15, 2023 Kigunzu was charged under the Narcotic Drugs and Psychotropic Substances (Control) Act and the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) of 2009.

During investigations, officers from the Directorate of Criminal Investigations (DCI) recovered over 600 kilograms of cannabis and approximately Sh13.4 million in cash, believed to be the proceeds of crime.

The seizure took place during a raid at her residence, and the funds and narcotics have since been forfeited by the court.

ARA claims that Mathe wa ngara, in collaboration with her associates, used complex methods to conceal the proceeds of her illegal narcotic trade.

“Investigations established the 1st Respondent acquired massive assets/properties using the proceeds from the illegitimate trade in Narcotic drugs and registered under her name and the names of her proxies so as to conceal and disguise the source of the funds used to procure the said assets,” read the court documents. 

These assets, which include land parcels and apartments in Juja and Vihiga counties, as well as several motor vehicles, were allegedly funded by the profits of the narcotic trade.

The agency further said that the investigation has identified a network of individuals who helped conceal Kigunzu’s wealth by transferring assets into their names, making it difficult to trace the illicit origins of the funds.

“The 1st Respondent activities of constantly changing the assets and transferring and registering under the names of her associates and mules is an indication of her effort and intentions to conceal, hide and disguise the benefits she derived from the illegal trade of narcotic drugs,” read court documents.

The agency told Justice Musyoki that no Court Orders were currently in place to preserve the assets in question, and there was an imminent danger that the Respondents would dispose of, transfer, or dissipate the said assets, thereby rendering the intended forfeiture application nugatory.

“If these orders are not granted, the respondents may transfer or sell the properties, undermining the recovery process,” said the agency.

In the application Nancy Indoveria Kizungu, George Jumba Inguti, Brince Sande Odanga, Bernard Avesa Manase and Judith Makungu have been sued.