The High Court has rejected an application by narcotics suspect Joyce Akinyi for the release of her two motor vehicles linked to the illegal business.
Justice James Wakiaga said Ms Akinyi, who is facing charges after she was found with heroin worth Sh3 million, failed to link the motor vehicles with her legitimate business and how she and her family have suffered since they were seized by the state last year.
“On the issue of hardship, it is clear from the applicant’s evidence that she approached the court as if it was at the second stage of proceedings. She only attempted to show the court that she has a legitimate business and sources of income. She however failed to show the court any hardship she had suffered or would suffer as a result of the preservation order,” Justice Wakiaga said.
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Ms Akinyi moved to court seeking to lift an order seizing the vehicles saying she acquired the vehicles through her real estate business and restaurant in Nairobi West.
She challenged the orders to seize the vehicles saying there was nothing to link them to the illegal drug business. She added that the move had heavily deprived her and her family means of reasonable living expenses and caused her hardship, during the period of the Covid-19 pandemic.
She said the order had prejudiced her business, family, and personal affairs, subjecting her to excessive financial hardship, distress, and inconvenience, because she had to contend with alternative means of transport for herself and the family.
But Assets Recovery Agency said she has been using her accounts at Stanbic Bank as conduits for money laundering and drug trafficking.
The vehicles are two Toyotas - a KCR 521Z and KCG 856G bought in October 2016 and January 2018 respectively.
Court documents state that investigations reveal that Akinyi’s role in the drug business is to identify purchasers for distribution and sale. She allegedly started the trade in 2000 with her husband Anthony Chinedu, who was deported in 2013.
“My investigations further established the respondent acquired assets/properties using the proceeds from the illegitimate trade in narcotic drugs and registered under her name,” ARA investigator Fredrick Musyoki said in an affidavit.
He said from drug trafficking, Ms Akinyi bought a piece of land in Nairobi and developed eight villas. She later sold them or leased them to third parties in a bid to conceal the source. One of the units fetched Sh43 million, Mr Musyoki said.
She allegedly ploughed back Sh20 million to the drug business by importing a consignment from Pakistan, while she used part of the proceeds to purchase the two vehicles.
“That as stated above, the investigations in this matter has established that the assets are suspected to be proceeds of crime which require to be forfeited to the applicant (ARA),” he said.
Ms Akinyi has, however, denied the claims and said the real estate and her Deep West Resort Bar (New Port) in Nairobi West generate reasonable income to enable her to afford the motor vehicles.
The documents show that she opened the accounts in 2015 and in November 10, 2015, she deposited Sh20 million in one of the accounts and withdrew Sh7.7 million within ten days. There were subsequent deposits totaling to about Sh20.7 million.
In the second account, the agency said Ms Akinyi deposited about Sh50 million between January 7, 2015, and September 21, 2018.
The hugest deposit of Sh37.7 million was made on October 28 2015 and she withdrew part of the money, with the biggest withdrawal made on November 10, 2015 when she withdrew Sh20 million.
This was after Ms Akinyi was arrested on July 13, 2019 together with two suspects at her Deep West resort in Nairobi West. They were subsequently charged before a court at Jomo Kenyatta International Airport (JKIA) with dealing in narcotic drugs when she was found with 1,050 grams of heroin, with a street value of Sh3.09 million.