The High Court is set to hear an application from the Asset Recovery Agency (ARA) that seeks the forfeiture of funds and a high-value property allegedly linked to terrorism activities in Kenya.
The ARA has petitioned the court to order the forfeiture of Sh8 million held in accounts at I&M Bank and a property located in Nairobi’s Kilimani area, citing them as proceeds of crime.
The property, Unit 1 Green Peaks, situated on plot number Land Reference Number 1870/183 along Eldama Ravine Road, is registered under the name of Gibriel Cusman Moxamed, a Somalia-born UK national.
ARA’s application argues that Moxamed, through his company Jibca Services Ltd, acquired these assets through illegal means and connections to terrorism financing networks.
“This court be pleased to issue an order of forfeiture of the following property, Unit number 1 Green Peaks erected on plot number Land Reference Number 1870/183 located along Eldama Ravine Road registered in the name of Gibriel Cusman Moxamed,” the state agency urged in its court filing.
ARA presented evidence suggesting that the assets are proxies owned by terrorists, with funds sourced from known terrorists.
The agency indicated that the assets are meant to support terrorism activities in Kenya, which poses a grave threat to public safety and security.
The investigation revealed that Jibca Services Ltd, incorporated on February 9, 2024, received a sum of $560,000 between February 29 and March 1, 2024, purportedly from the sale of a house in Somalia.
However, ARA contends that these funds were part of a complex money laundering operation linked to terrorism financing.
The funds in question were reportedly transferred to Jibca Services Ltd’s accounts at I&M Bank and were later used to purchase the property in Kilimani.
ARA claims that these financial activities are consistent with those of terrorism financing and money laundering.
The agency also highlighted a connection between Jibca Services Ltd and Abdinasir Ali Mahamud, a known terror financier listed by the OFAC-Treasury Sanctions Network.
Moxamed is believed to be an associate of Mahamud, involved in a network that launders money for terrorism-related activities across Somalia and Kenya.
Bernard Gitonga, the head of investigations at ARA, provided an affidavit supporting the agency’s application.
He detailed how ARA’s inquiries and investigations uncovered that Moxamed and Jibca Services Ltd were engaged in suspicious financial transactions that could not be substantiated with legitimate business activities.
These transactions included large sums of money moving from Somalia to Kenya, ostensibly to invest in properties, but in reality, serving as a front for laundering money intended for terrorism.
Further scrutiny of the transactions revealed that Moxamed’s explanations regarding the source and use of the funds were inconsistent and unconvincing.
Despite claiming that the funds were proceeds from the sale of a property in Mogadishu to Mahamud, Moxamed denied knowing him personally, raising further suspicion.
“The inconsistency in the explanation as to the source of the funds by Jibca Services Ltd and the suspicious transaction in the account held at I&M Bank Limited by the Respondents are clear signs of an individual engaged in terrorism financing and money laundering,” stated Gitonga in his affidavit.
ARA has expressed urgent concerns that if the court does not act swiftly to forfeit the assets, they could be used to finance terrorism activities that might lead to catastrophic consequences for national security.
Siana Properties Limited, identified as having been involved in the property transaction, has been named as an interested party in the case.
As the High Court prepares to deliberate on the application, the case highlights Kenya’s ongoing battle against terrorism financing and the broader efforts to safeguard national security from global terrorism networks.
