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Felista Nyamathira Njoroge has lost Sh102 million after her boyfriend, Marc De Mesel, a Belgian YouTube crypto personality, failed to disclose the source of his money.
In a ruling by Justice Esther Maina, the court stated that the money, which was wired in four different transactions in 2021 could potentially be involved in a money laundering scheme.
Consequently, the court directed the Asset Recovery Agency (ARA) to declare the funds as proceeds of crime.
"I have analyzed the evidence presented by the boyfriend, and it does not show the source of the funds transferred to the Kenyan girlfriend," ruled Judge Maina.
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The judge approved the forfeiture of the cash to the state, considering it proceeds of crime.
In December 2021, the Asset Recovery Agency ordered the freezing of the funds, which would only be released if Njoroge explained the source of her funds.
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The wealthy Belgian businessman also came under scrutiny for transferring Sh257 million to three other Kenyan women: Tabby Wambuku Kago (Sh108 million), Jane Wangui Kago (Sh49 million), and Serah Wambui (Sh100 million).
Njoroge had filed a petition through her lawyer, Thomas Maosa, to compel the ARA to release the money.
She argued that there was no evidence indicating that the money had been obtained unlawfully.
"I am lawfully entitled to the funds held in my bank account since the agency obtained the sweeping orders freezing the account without inquiring about the source of the funds," stated Njoroge.
"I am a law-abiding person who legitimately acquired the money through business and personal relationships," she added.
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Kenya’s anti-money laundering law dictates that for amounts greater than Sh1 million, depositors and withdrawers should declare the source and intended use of the money.
The agency argued that Nyamathira opened the four bank accounts for the sole purpose of receiving the money.