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The Assets Recovery Agency (ARA) has obtained orders from the High Court freezing Sh13.4 million seized from drug trafficking suspect Nancy Indovera Kigunzu, popularly known as “Mathee wa Ngara”.

Justice Diana Kavedza directed that the money, which was seized earlier this month by police from the businesswomen’s home and held at Central Bank of Kenya, be preserved for 90 days following an application by the State agency that the funds were proceeds of crime.

“Preservation and seizure order is hereby issued for Sh13,474,520 held at Central Bank of Kenya found in possession and seized from Kigunzu. The orders shall remain in force for 90 days as provided in Section 84 of the Proceeds of Crime and Anti-Money Laundering Act,” ordered Justice Kavedza.

The judge also ordered that the funds be deposited in a preservation account at Kenya Commercial Bank at the Kenyatta International Convention Centre branch belonging to the Assets Recovery Agency (ARA) and a certified copy of the deposit slip be filed in court as proof.

The orders were granted following an urgent application filed by the agency through investigating officer Kipkirui Serem saying the money were proceeds of crime and intended for the commission of crime.
Kigunzu was arrested last week and later arraigned at the Jomo Kenyatta International Airport (JKIA) law courts where police were allowed to detain her for five days as they concluded investigations.

Principal Magistrate Njeri Thuku, while allowing her detention, also ordered that the Sh13.4 million recovered from her during the police raid on the drug den in Ngara be held at the Central Bank of Kenya.
Five days after her arrest, ARA moved to court seeking to have the money recovered in her house preserved as they are suspected to be profits of drugs sale.

The court heard that detectives during the raid and recovery of the millions of shillings, also arrested Eugene Jumba, Hillary Shisiali and Teresia Wanjiku Mwihaki who are believed to be mules, associates and close relatives of Kigunzu.

The judge heard that during the arrests, a search was conducted on the residence of Kigunzu and a total of 30 bags containing dry green material weighing 622 kilograms suspected to be cannabis sativa together with Sh13,474,520 believed to be proceeds of crime was seized.

The court further heard that on August 23, the agency opened an Inquiry File No. 84/2023 to investigate and inquire into the legitimacy, source and destination of the funds for the purpose.

“The funds are proceeds of crime obtained from the illegitimate trade in Narcotic Drugs contrary to the provisions of Narcotic Drugs and Psychotropic substances (Control) Act No.4 of 1994, Proceeds of Crime and Anti-Money Laundering Act 2009,” says the agency in the court documents.

ARA says preliminary investigations had established that there were reasonable grounds to believe the funds were obtained through illegitimate trade in narcotics.

“There are no court orders currently preserving the funds in issue and there is imminent danger Kigunzu shall dispose, transfer and dissipate the said funds unless court issues preservation orders as prayed in this application,” ARA told the judge.

The State agency says Kigunzu intends to launder the cash by avoiding the financial system by conveying the bulky cash.

The agency said it was in the interest of justice that preservation order be issued prohibiting Kigunzu or her agents or representatives from dealing in any manner with the said funds. The matter will be mentioned on November 28, before Justice Esther Maina.

On Monday Kigunzu, her two children and Wanjiku were charged with trafficking drugs worth Sh18.3 million. They have been detained pending bail ruling today (Thursday).