Nigerian in court to reclaim Sh100m seized at JKIA in suspected money laundering scheme
By Christabel Airo
Mauzu Bala, a Nigerian national who was arrested at the Jomo Kenyatta International Airport (JKIA) carrying more than Sh100 million in his bag has claimed that the government is only interested in confiscating his money and deporting him afterwards.
The application he made seeking the release of the money, Mauzu Bala says he has not been charged with any offence because he hasn’t broken any law.
“All the respondent is concerned with is to confiscate my hard-earned money and have me deported,” Mauzu Bala said in an affidavit.
He was detained on December 4 on his way to Dubai while carrying 880,000 US dollars, 60,000 euros and 63,000 Nigerian naira, in his handbag. He had arrived on Kenya Airways flight KQ535 from Lagos, and was waiting for a connecting flight KQ310 to Dubai.
The High Court judge James Wakiaga on Tuesday directed Kenya Airways boss Allan Kilavuka to hand the money to the Assets Recovery Agency for preservation pending the conclusion of investigations into the source and purpose of the money.
In his petition, Bala said he declared the money in Lagos before boarding the flight to Nairobi.
“At the Murtala Mohammed International Airport, I declared the currency and was cleared by customs for travel. I checked in the consignment and as is the usual norm in international travels, my next declaration point would have been Dubai International Airport,” he said.
He further stated that it was disturbing and surprising how someone knew that he had checked in with money yet he did not disclose the information to anyone save for the Nigerian customs officials.
“It is unethical and I believe some people went through the luggage of all passengers during the lay-over contrary to regulations and international practices hence the current impasse,” he said.
He accused the officials of confiscating all his documents, including the customs clearance forms from Lagos, his passport, currency declaration acknowledgement from Dubai, as well as a declaration letter from Shah Jewellery Trading.
Kenya Airways could not release the customer’s hand luggage without a court order to protect its customer and due to legal implications even after the High Court on Tuesday allowed the ARA to apply for the funds to be forfeited to the State.
Bala had told the officials at the airport that he was heading to Dubai for business but the agency said banks in Nigeria and Dubai would easily facilitate the transfer of money within the two countries.
He also had no proof of declaration of owning the bulky cash from Nigeria or documentation to support the source, purpose or movement of the cash.
“The threshold for requiring the declaration did not comply as the respondent did not disclose the source of the cash, the business he was doing and the basis of moving with cash of that magnitude,” Fredrick Musyoki, an investigator attached to the ARA, said.
The Nigerian through lawyer Omondi Ogutu said he was detained at the airport in “in inhuman conditions” with no sleeping facilities, food and bathroom.
