BY SAM ALFAN.
Mandera businessman has suffered a major blow after the High Court prohibited him from transferring or withdrawing over Sh 43 million from his two bank accounts over alleged money laundering activities.
In his ruling, Justice Daniel Ogembo ordered Risala General construction ltd and Bami Investment ltd director Ali Abdi Ibrahim, his agents or representatives from withdrawing Sh 43, 505,369.02 from his two bank accounts held at Equity Bank Mandera branch.
“Preservation order is hereby issued prohibiting Ali Abdi Ibrahim ,his agents, representatives from transacting, withdrawing , transferring , using any other dealings in respect of funds held in the two accounts at Equity Bank”, ordered Judge Ogembo.
Abdi was also barred from withdrawing or transferring Sh 39,647,426.00 and Sh 3,857,943.02 held at Equity Bank, Mandera branch in his name.
However for the court directive Asset Recovery Agency director Muthoni Kimani has gazetted the said order
This is after the recovery agency filed application seeking to preserve the money suspected to be stolen from Mandera county government.
According to documents filed in court, the agency opened inquiry file and conducted investigations into the alleged suspicious funds and established that there were two bank accounts at Equity bank Mandera branch in the name holding a total of Sh 43, 505,369.
The court was informed that the said bank accounts received suspicious huge cash deposits and the funds are suspected to be stolen or fraudulently acquired from Mandera county government by Abdi his agents, representatives and deceitfully deposited and transferred from the above accounts.
Further, investigations have revealed that the cash deposits were unlawfully acquired hence proceeds of crime and there are reasonable grounds to be believe that the accounts are used as conduits if money laundering.
“There are reasonable grounds to believe that the funds held in the Abdi bank accounts were deposited by him, their agents , associates and conduits designed to conceal their sources and were a scheme of money laundering and thus proceeds of crime liable to be preserved pending filing of forfeiture application”, agency told the court.
ARA said there was real danger that the said money will be withdrawn, spent or dissipate rendering the application and the intended forfeiture useless.
According to investigation, one of the Abdi account received suspicious payments totaling to Sh 75,461,000 from Bami Investment a company under investigation for receiving fraudulent payments from Mandera county government.
According the supporting affidavit by the agency investigator SSGT Fredrick Musyoki, on August 14,2018 he received 1 million, August Sh 16,2018 3 , September 21,2018 Sh 300,000, May 15,2019 received Sh 42,490,000, July 1,2019 he received Sh 20 million and January 8,2020 he received Sh 10 million and total received is Sh 75,461,000.
Abdi in another bank account received millions of money from Kurte Supplies and construction company limited as follows, on October Sh 17, 2015 3.3 , April 21,2016 received Sh 2 million, April 22,2016 received Sh3.9 million, June 21,2016 Sh 1 million, September 16,2016 8 million and March 28,2018 he received Sh 5.7 million and total amount received is Sh 23,980,000.
Abdi further on January 16 and March 19,2018 he received Sh 3,250,000 from Risala General construction ltd a company under investigations for receiving fraudulent payments from Mandera county government.
According to the agency investigations, it established that Abdi received Sh 11 million from Frontier Engineering ltd which is also under investigation for receiving fraudulent payments from Mandera county government.
Abdi also received Sh 6,659,000 from Bluesky General construction ltd and Sh 5 million from Green county construction company and both companies are under investigations.
“My analysis of transactions revealed that the funds were thereafter withdrawn and transferred to other accounts in a scheme of money laundering and in the 2014 to 2020 financial year Abdi made suspicious cash withdrawals and transfers in split transactions to evade the reporting threshold as per section 44 and 4 schedule of the proceeds of crime and Anti-Money laundering Act”, said Musyoki the agency investigator.
The agency investigators further indicate that Abdi received suspicious deposits totaling to Sh 131,940,000 on diverse dates from Bami Investments.
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