Bank accounts belonging to a police officer and three other individuals accused of stealing Ksh330 million have been frozen.
A High Court sitting in Nairobi barred the accused from accessing the money in their bank accounts and directed the cash in their possession to be transferred to safe boxes.
Justice Esther Maina issued the order following an application by the Assets Recovery Agency (ARA) arguing that the four were part of an eight-member team that was charged with stealing the Ksh330 million from a security firm cash transit vehicle in 2010.
“The court hereby issues an order prohibiting the four and their associates from transacting, withdrawing, transferring, or dealing in any manner with the money which will be preserved in a safe box to be deposited in Mombasa,” Justice Maina ordered.
ARA told the court that since the four were acquitted during the trial, they are laying claim to the Ksh40 million which was found in their possession.
“We believe the amounts are proceeds of crime which should be forfeited to the state and they should not be allowed to enjoy,” ARA lawyer Stephen Terrei told the court.
“Investigations have established that the funds held in custody are reasonably suspected to be proceeds of crime emanating from the theft orchestrated by the four. They are likely to withdraw or transfer the funds and thereby benefit from the proceeds of crime contrary to the law."
The agency further told the court that it was is concerned that the suspects may dispose of, transfer and disperse the funds since there were no court orders currently preserving the assets in the issue.
The four were among eight people charged with stealing Ksh330 million from a security company that was transferring the cash on transit from Mombasa to Nairobi in 2010.
Court documents indicated that the accused were arrested and charged before the Chief Magistrate Court in Mombasa with ten counts of stealing and conspiracy to commit a felony but were released after the court ruled that the prosecution did not present sufficient evidence to convict them.
Lawyer Terrei told the court that Ksh23 million was recovered from one of the suspects from his house in Kitengela, Kajiado County.
Another suspect took investigators to a bank in Kitui County where more than Ksh10 million was recovered. Investigators recovered another Ksh1 million in Muhinde Village in Kitui County.
