The High Court has declined to lift orders freezing more than Sh6.7 million held in six bank accounts linked to three people suspected of operating a mobile phone theft and resale syndicate.

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The funds were frozen in May after the Assets Recovery Agency (ARA) obtained preservation orders on grounds that the money was suspected to be proceeds of crime derived directly or indirectly from the theft and sale of stolen mobile phones.

The three account holders, Syllus Musila Kivyatu, Isaac Shamora Aligula and Mourine Odhiambo Abonyo, had asked the court to set aside or vary the orders, arguing that ARA obtained them without fully disclosing all the evidence and that the restrictions had caused them severe financial hardship.

They told the court that they were unable to meet daily living expenses, pay school fees, rent, mortgages, medical bills and other financial obligations.

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However, the court dismissed the applications, finding that the applicants had failed to demonstrate that the hardship they faced outweighed the risk that the funds could be dissipated before the conclusion of intended forfeiture proceedings.

“The court is cognizant that the funds in the account constitute the substratum of these proceedings and if they are extinguished, any subsequent proceedings will be rendered nugatory,” the judge said.

The judge added: “I find that the applicants have not satisfied the court that the hardship outweighs the risk of dissipation or concealment of the funds, which is the substratum of the intended forfeiture proceedings.”

The court also noted that none of the applicants had sought the release of a specific amount tied to a particular expense.

According to ARA, the accounts are registered in the names of Mr Musila, Mr Aligula and Ms Abonyo.

📰 Source: Nation Africa