A couple, Elosy Kendi Mutwiri and Felix Mutwiri Muthamia, have forfeited a luxurious vehicle and a lorry to the State after the High Court ruled that they were proceeds of crime. The Assets Recovery Agency (ARA) argued that the vehicles were used as decoys to disguise the source of funds derived from human trafficking.
The couple purchased the vehicles using loans from Situ Investments Ltd and NCBA Bank. However, the judge determined that the loan repayments were made from illicit income. The judge stated that the couple had no legal source of income, and the funds received into their accounts were from human trafficking.
ARA investigator Jillo Rufus linked the couple to the trafficking of 106 Ethiopians who were arrested in a house leased by the couple in Karura Estate. The Ethiopians had no identification or travel documents. The couple also hired a cook and caretaker to look after the victims.
The Mutwiris were charged with human trafficking in 2021, and the case is still pending. ARA further alleged that Mr. Mutwiri was intercepted in December 2021 while transporting 31 people without proper documentation. This case is also pending.
The court found that Ms. Mutwiri received deposits totaling Sh8.6 million into her bank account, which were used to repay the loans for the vehicles. She claimed to be self-employed and earn between Sh251,000 and Sh500,000 from running a grocery, but ARA dismissed this defense as unsatisfactory.
Situ Investments and NCBA Bank opposed the forfeiture of the vehicles, claiming outstanding loan balances. However, the judge dismissed their defenses, noting that the allegations of human trafficking against the couple were not disputed and that they were not filing tax returns.