Economy

Sh287m, car linked to Congolese frozen in dirty money probe

court

Lady Justice Esther Maina during a past court session. PHOTO | ONDARI OGEGA | NMG

The High Court has frozen more than Sh287.2 million in three bank accounts and Mercedes Benz belonging to a Congolese and his Belgian associate suspected to be part of a money-laundering scheme.

Justice Esther Maina allowed the freezing of the money held in Stanbic bank accounts belonging to Venan Ma-Mabiala Mabiala, a Congolese and Jean–Pual Tshikangu Musangu, a Belgian.

Both are directors of Groupe Elykia Ltd, a company that allegedly deals in timber but which does not have an office or registered address in Kenya.

Evidence presented in court showed that the company received $5 million from a Mr Dmitri of Vandome Company in October, for the purchase of timber, which they are yet to supply.

Assets Recovery Agency (ARA) said an analysis of one of the accounts showed that a company known as Car Warehouse Ltd, received Sh39.7 million on November 16, from Groupe Elykia Ltd, for the purchase of two high-end motor vehicles- a Mercedes Benz and Bentley Bentayaga.

The Mercedes Benz was imported into Kenya and delivered to Mr Musangu, but the Bentley Bentayaga is yet to be brought into the country.

“There are reasonable grounds to believe that the suspects' bank accounts were used as conduits of money laundering in an effort to conceal, disguise the nature, source, disposition and movement of the illicit funds and should be preserved,” ARA’s Mohamed Adow told the court.

He told the court that they believe that the accounts are used as a conduit of deceit and money laundering under the pretense of supplying timber obtained from the Democratic Republic of Congo to other countries, although nothing has been supplied.

One of the accounts registered in Mr Musangu’s name has $305,950 (Sh34.6 million), a second account belonging to Mr Mabiala has $488,423 (Sh55.1 million) while a third account registered in their company’s name (Groupe Elykia) has $1,747,105 (Sh197.4 million).

The court directed Mr Musangu to surrender the logbook of the Mercedes Benz (KDE 033S) and the Director-General of National Transport and Safety Authority to register a caveat against the vehicle.

“There are reasonable grounds and evidence demonstrating that the funds held by the Respondents in the specified bank account are direct or indirect benefits, profits or proceeds of crime obtained from a complex money-laundering scheme and are liable for forfeiture,” the court heard.

When asked to explain the source of the funds, Mr Musangu said their company do not have an office or physical address but they deal in timber. He also confirmed that they were yet to supply the timber to Dmitri.

He also said when he received the money, he withdrew some and sent it to his family in DRC and spent some in the purchase of the vehicles and presents for his family.

While denying having contacts with the said Dmitri, he told the investigators, that they only communicate when they meet in Congo or Paris.

“That a preservation order be and are hereby issued prohibiting the respondents, their employees, agents or servants from transacting, withdrawing, transferring or dealing in any manner howsoever, in respect of any profits or benefits derived or accrued from the funds specified,” the judge said.

The court directed the freeze order to remain in place for 90 days and the case to be mentioned on March 29, 2022.

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