The High Court judge Esther Maina has made a decisive ruling to confiscate Ksh13.4 million discovered in the possession of Nancy Indoveria Kigunzi, also known as Mathe Wa Ngara. The court deemed these funds to be the proceeds of crime.

Justice Maina issued the order for Kigunzi to forfeit the money to the state after she failed to provide a satisfactory explanation for its source. 

The court questioned why Kigunzi stored the money in sacks at her residence instead of depositing it in a bank.

Furthermore, the judge noted that the police found cannabis sativa, a narcotic substance, at Kigunzi's residence. This discovery, along with the presence of individuals suspected to be involved in drug trafficking, strengthened the court's conviction that the seized cash was linked to criminal activities.

A photo collage of Directorate of Criminal Investigations' Anti-Narcotics Officers (Left) and Mathe wa Ngara (Right) who was arrested on Monday, August 21, 2023. PHOTO DCI KENYA

“It is also not disputed that the police found three persons in the residence in circumstances that suggest that they were mules used in trafficking the illegal substance,” stated Justice Maina.

In her ruling, Justice Maina expressed confidence in the evidence presented, concluding that the money was directly linked to criminal conduct. Although the specific offence remains to be determined, the court firmly declared the Ksh13.4 million as proceeds of crime liable for forfeiture to the Government of Kenya.

“That an order be and is hereby issued declaring that the sum of Ksh13, 474, 520 found in the respondent’s residence but held at the Central Bank of Kenya is proceeds of crime and therefore liable for forfeiture to the Government of Kenya,” the judge stated.

The court's decision stems from an incident on August 15, 2023, when police raided Kigunzi's home and discovered a substantial sum of money. Alongside the cash, law enforcement officers seized marijuana and other illicit substances.

To prevent Kigunzi from disposing of or tampering with the funds, the government sought preservation orders from the court. The authorities argued that Kigunzi allegedly intended to launder the money outside the financial system by transporting it in bulk.

In support of their case, the police provided evidence suggesting a money laundering scheme aimed at concealing the origin and movement of the illicit funds. As a result, the court on August 24 last year, granted the preservation orders, ensuring the money remains in government custody.

Despite evading authorities initially, Kigunzi was eventually apprehended in downtown Nairobi and detained at the DCI headquarters. 

Kigunzi's notoriety as an alleged drug dealer dates back to 2018 when she was identified by the National Intelligence Service (NIS). 

Despite previous arrests, she reportedly managed to evade law enforcement until her recent apprehension.