ARA seeks to freeze assets linked to Canadian tycoon

The Asset Recovery Agency (ARA) is seeking court orders to freeze three multi-million shilling properties in Mombasa, allegedly owned by Canadian businessman Asif Amiralia Jetha through a proxy.

Among the properties targeted are the parcel of land on which the popular Rangeela Bar and Restaurant in Nyali stands, as well as two apartments located in Mainland North, Mombasa County.

The apartments are registered under the name of Jetha’s proxy, Lyn Henderson.

"The court does issue a preservation order prohibiting Jetha and Henderson, their employees and agents, servants or any other person acting on their behalf from selling, transferring, mortgaging or dealing in any manner with the assets," ARA states in court documents.

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The agency is also seeking orders to have any rent, benefits, or profits generated from the properties deposited into the Criminal Assets Recovery Fund account held at Kenya Commercial Bank, pending the hearing and determination of a forfeiture application.

ARA further requests the Chief Land Registrar to register a caveat on the properties to restrict any dealings.

In a sworn affidavit filed in court, Chief Inspector Bernard Gitonga said the properties are suspected to be proceeds of crime with Jetha and Henderson being the beneficial owners.

"ARA received information that Jetha and Henderson had acquired the assets through a scheme of money laundering, which assets are believed to be proceeds of crime," Gitonga said.

Gitonga further disclosed that investigations revealed Jetha is not a Kenyan citizen and that his continued stay in the country was contrary to national interest.

He was to be deported to either Canada or the United Kingdom following a deportation order issued on November 16, 2022, by former Interior Cabinet Secretary, now Deputy President, Kithure Kindiki, and former Attorney General Justin Muturi.

This deportation order came shortly after the High Court overturned a 60-year sentence imposed on Jetha by the Shanzu Law Courts.

Jetha had been convicted of trafficking 12 Nepalese women for exploitation at his Rangeela Bar and Restaurant.

Magistrate David Odhiambo had found Jetha guilty of six counts of human trafficking.

Evidence presented by the Director of Public Prosecutions (DPP) showed that the Nepalese women were exploited, forced into labor, subjected to sexual exploitation, forced into marriage, or kept in conditions akin to slavery.

Jetha allegedly paid the women between Sh60,000 and Sh80,000 monthly. Their work involved dancing at the club from 9 pm to 3 am or 4 am.

Following his conviction, Jetha appealed to the High Court, where Justice Anne Ong’injo overturned the ruling in November 2022, finding that the main offenses of human trafficking and promoting trafficking in persons had not been proven.

However, shortly after the High Court’s ruling, the government declared Jetha a prohibited immigrant and issued a letter ordering his immediate removal from Kenya.

ARA investigations also extended to Jetha and Henderson’s bank accounts and M-Pesa transactions.

“After analysis of the aforesaid bank statements and Mpesa statements, the investigations established that Jetha and Henderson opened a joint account at Diamond Trust Bank, Mombasa branch,” Gitonga noted.

Between 2012 and 2014, the account received suspicious cheque deposits totaling Sh9,657,241.

The funds were deposited in smaller amounts ranging from Sh9,000 to Sh900,000, an apparent attempt to evade Central Bank of Kenya detection.

Further investigations uncovered additional suspicious transactions amounting to over Sh3,262,856 and another Sh9,150,980 through various tills.

The court documents reveal that Jetha used these funds to acquire several properties, which he later transferred to Henderson in a suspected money laundering scheme.

On February 16, 2014, Jetha purchased Apartment No. A1 on subdivision No. 18915 of Section 1 Mainland North from Uxbridge Limited for Sh6 million.

He transferred it to Henderson on October 11, 2023.

He later acquired Apartment No. A4 on March 3, 2014, also for Sh6 million, from the same company, and transferred it to Henderson on the same date in 2023.

Additionally, Apartment No. A6 on the same subdivision was purchased by Jetha from Uxbridge Limited for Sh6 million on February 16, 2024, and transferred to Henderson on November 11, 2023.

Jetha had earlier been charged in Case No. 598 of 2019 at the Shanzu Law Courts with 10 counts including engaging in business without a work permit, unlawfully employing a foreign national and trafficking in persons.

Though he appealed and had the human trafficking conviction set aside, the High Court upheld the charges of operating without a work permit and unlawful employment.

"Based on the foregoing, Jetha has been operating in Kenya illegally and in the process, he obtained the above funds which he utilized in the purchase of the assets in issue," ARA stated.

Gitonga said both Jetha and Henderson were summoned by the Ethics and Anti-Corruption Commission (EACC) to explain the source of their funds, but failed to provide satisfactory proof of legitimate income.

"The assets in issue were unlawfully acquired. This constitutes proceeds of crime liable for recovery pursuant to the provisions of the Proceeds of Crime and Anti-Money Laundering Act," she said.

"There is imminent danger that Jetha and Henderson, their employees, agents, servants or any other person shall transfer, transact, or dispose of the said assets unless this court issues preservation orders."

The matter is pending hearing.