Court declares Ksh167M proceeds of crime

Over Ksh167 million at the centre of a gold deal between a city law firm, four timber merchants and the famous Dutch rally ace Bernhard Ten Brinke are proceeds of crime, the High Court declared yesterday.

In a judgement delivered by Justice Esther Maina of the Anti-corruption High court yesterday said the amounting to Sh167 million held in the respective bank accounts of the firms were acquired unlawfully in pretence they would sell gold to the dutch national Brinke but did not supply the commodity and therefore liable to forfeiture to the state.

The judge noted she was satisfied that the money, which belonged to four timber merchants namely Mubadala Merchants Limited, First Cargo Logistics Limited, First Line Capital Limited and Doumbe Malonga Eddy Michel, were obtained illegally.

While declaring the money proceeds of crime, Justice Maina dismissed the firm’s allegations that the money was for sale timber and held the state proved beyond reasonable doubt that the purpose of the money was not for sale of gold.

“The court finds that the money was not properly obtained. The money is therefore liable for forfeiture to State,” the judge said. However, the court declined to grant prayers by Asset Recovery Agency (ARA) for the funds to be forfeited to the government saying the money should remain frozen pending determination of another case pending before the commercial court,filed by the Dutch rally driver.

In her decision,  the Judge also found Brinke was a victim of the timber merchants and no evidence to show that he was an accomplice in the gold fraud.

The rally driver had been enjoined  to participate in the deal saying the money belongs to him having wired the amount to Ochieng’ Opiyo & Company Advocates who was involved in the gold transaction.

The funds were meant to cater customs payment, storage and other administrative costs since Brinke was planning to buy gold worth Sh2.1 billion from Kenyan company, Global Freight Management Limited. Brinke through his representatives in Kenya, Frank Wijnen and Ewout Haanstra are alleged to have signed a deal with a man called George Fundu, through Global Freight Management ltd for the supply of 500kgs of gold on December 21, 2020.