Felesta Nyamathira Njoroge says the Assets Recovery Agency (ARA) has not raised any reasonable ground to interfere with her bank accounts because she is not engaged in any fraud or broken any law.
Ms Njoroge received the money from Marc De Mesel, her Belgian boyfriend. Documents filed in court show that the Belgian wired $ 229,980 on August 4, and $231,980 the following day.
A 21-year-old student is fighting the freezing of $914,967 (about Sh102 million) wired to her accounts by her Belgian boyfriend, maintaining the money had not been linked to any illegal dealings.
Felesta Nyamathira Njoroge says the Assets Recovery Agency (ARA) has not raised any reasonable ground to interfere with her bank accounts because she is not engaged in any fraud or broken any law when the money was wired to her in August.
Ms Njoroge received the money from Marc De Mesel, her Belgian boyfriend. Documents filed in court show that the Belgian wired $ 229,980 on August 4, and $231,980 the following day.
The State agency suspects that the money is part of money laundering scheme or proceeds of crime.
The Nairobi Technical Institute student says she has the capacity to engage in business and develop relationships. “The respondent (ARA) has not disclosed any material fact linking me with non-compliance of financial due process,” she says in a sworn statement.
The money was frozen for a period of three months following ARA’s application. “The preservation orders be and are hereby issued prohibiting the respondent, her employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring and/or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the funds specified,” Justice Esther Maina ordered last month.
ARA says the student was on October 18 invited by the agency to shed light on the money but she failed to honour the summons.
The Belgian, who is believed to be a cryptocurrency specialist, indicated in the declaration documents that Ms Njoroge was “free to use the money to secure financial security for our future children”.
Ms Njoroge, however, says the application by ARA is speculative and against her economic rights and that courts should not be used to assist agencies to interfere with her rights.
“The respondent obtained sweeping and radical orders against me without making any material disclosure as to whether financial due process was not adhered to in the transfer of the funds to me,” she says.
The agency sought the order saying it believed that the four accounts were opened solely for the purpose of receiving the funds. Ms Njoroge allegedly said her boyfriend had indicated that it was a gift and for investing in land projects and safaris.
