Felista Nyamathira Njoroge suffered a loss of Sh102 million after her boyfriend, Marc De Mesel, a well-known Belgian YouTube crypto personality, failed to disclose the origin of the funds. Justice Esther Maina ruled that the money, transferred in four separate transactions in 2021, could potentially be linked to a money laundering scheme. Consequently, the court directed the Asset Recovery Agency (ARA) to declare the funds as proceeds of crime. Judge Maina stated, “Upon examining the evidence provided by the boyfriend, it does not establish the source of the funds transferred to the Kenyan girlfriend.”
The judge authorized the forfeiture of the money to the state, considering it as ill-gotten gains. In December 2021, the Asset Recovery Agency ordered the freezing of the funds, which would only be released if Njoroge could provide an explanation for the source of her funds.
The affluent Belgian businessman also faced 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, represented by her lawyer Thomas Maosa, filed a petition to compel the ARA to release the money. She argued that there was no evidence suggesting that the funds were acquired unlawfully. Njoroge stated, “I am legally entitled to the funds held in my bank account since the agency obtained the sweeping orders freezing the account without investigating the source of the funds.” She further added, “I am a law-abiding individual who legitimately obtained the money through business and personal relationships.”
According to Kenya’s anti-money laundering law, depositors and withdrawers are required to declare the source and intended use of amounts exceeding Sh1 million. The agency contended that Nyamathira opened the four bank accounts solely for the purpose of receiving the money.
