By The Weekly Vision Investigations Team
Eight bank accounts at the Co-operative Bank and Family Bank, registered in the name of one Denis Irungu Mbatia and several minors, have been frozen and deposits forfeited to the State after being determined to be proceeds of crime. Mbatia has also lost two motor vehicles, a Land Rover and an Isuzu truck, to the State following a similar determination. According to a court order, the vehicles KBH 571C (Land Rover) and KCP 739G (Isuzu truck) will now be registered in the name of the Assets Recovery Agency (ARA).
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Mbatia’s troubles with the law began in November last year, when ARA filed a suit to investigate the bank accounts and vehicles via Petition E38 of 2024 at the Anti-Corruption and Economic Crimes Division of the High Court in Nairobi.
The application by ARA was brought under Sections 81, 84, 90 and 92 of the Proceeds of Crime and Anti-Money Laundering Act, and Order 51 of the Civil Procedure Rules.
The ARA alleged that, on or about 11 March 2024, it received information that motor vehicle registration number KBH 571C had been intercepted and impounded on 10 March 2023 while escorting another vehicle, registration number KDE 027P, which was found to be in possession of sandalwood.
According to ARA, it was believed that Mbatia had acquired these assets using proceeds obtained from illegitimate dealings in wildlife trophies.
It was also alleged that, at the time of the interception, the vehicle was in the custody and control of two men, James Odhiambo and James Ngugi Thagishu, and that Mbatia had full knowledge of the activities the vehicle was being used for.
Court records indicate that investigators received information from one Joseph Onyango, who stated he was the driver in charge of the vehicle. Further investigations allegedly established a relationship between Mbatia and Thagishu that went beyond an ordinary car hire agreement, and that Mbatia had accrued benefits from illegal dealings in endangered wildlife species involving Thagishu.
ARA conducted investigations into Mbatia’s activities, his personal accounts, and accounts held on behalf of minors, to determine whether they contained or transacted in proceeds of crime.
According to court records, one account held at Co-operative Bank, 01109554285101, in Mbatia’s name received Sh6,826,772 between 15 March 2017 and 14 April 2023. At the time of investigation, it had a balance of Sh427,185.90.
A second account, 01109554285100, also at Co-operative Bank, was analysed for the period between 20 July 2015 and 30 March 2023. During that time, it received funds amounting to Sh41,222,518.47 and recorded debits totalling Sh41,219,285.95. Mbatia made multiple cash deposits totalling Sh23,660,848.00, whose sources could not be established. At the time of the analysis, the account had a balance of Sh3,232.52.
An account at Family Bank was analysed for the period between 20 November 2010 and 18 December 2020. During that period, it received credits amounting to Sh359,906.00, with deposits ranging between Sh200 and Sh100,000, and debits totalling Sh348,742.00, with individual withdrawals ranging from Sh5,000 to Sh100,000. At the time of investigation, this account had a balance of Sh11,164.
A second account, also at Family Bank and in the name of a minor but controlled by Mbatia, was analysed for the period between 29 November 2010 and 1 April 2021. It was discovered that the account received Sh149,370.00 and debits totalling Sh128,447.00. At the time of ARA’s probe, it held Sh20,123.00.
A third account at Family Bank, registered in a minor’s name, was probed for activity between 1 April 2012 and 15 January 2013. During this period, it received Sh90,134.00 and recorded a debit of Sh74,184.00. The investigation noted that the account received 12 cash deposits totalling Sh90,134.00, interest earnings of Sh11,334.00, and withdrawals amounting to Sh72,000.00. At the time of the investigation, the account had Sh15,590.00.
Another account at the same bank, also registered in a minor’s name, was probed for activity between 3 January 2017 and 1 April 2021. During this period, the account received credits totalling Sh84,009.80 and debits of Sh61,983.57. The account had only one deposit, of Sh72,400, made on 3 January 2017. At the time of the investigation, the account held Sh22,026.23.
A judgment issued on 25 June by Justice J.W. Njuguna reads in part:
“… further analysis of the respondent’s accounts and those of the minors revealed suspicious transaction patterns indicative of potential money laundering activities, where significant cash deposits were followed by near-immediate withdrawals of nearly the same amount. This repeated activity suggests an attempt to obscure the money trail, a common indicator of money laundering.”
Thomas Thagishu and James Odhiambo were subsequently charged on 13 March 2023 with the offence of dealing in endangered wildlife.
ARA’s investigations further established that Mbatia had acquired the two motor vehicles using proceeds of crime from illegitimate dealings in endangered wildlife species, and that one of the vehicles had been used to further criminal activity.
ARA submitted to the court that its investigation had established a relationship between Mbatia and Thomas Ngugi Thagishu beyond that of a simple car hire agreement. Further examination of their M-Pesa accounts revealed that Mbatia had transferred Sh717,500 in 27 transactions from his mobile number to Thagishu’s mobile wallet.
Mbatia did not file a response to ARA’s application of 6 November 2024, which sought orders to declare the two vehicles as proceeds of crime and to forfeit them to the State.
On 25 June 2025, the judge ruled that ARA had proved its contention that the funds and assets were indeed proceeds of crime. Additionally, the judge noted that Mbatia had not challenged ARA’s allegations, despite being duly served, and had therefore failed to demonstrate the legitimate source of the assets.
The forfeiture was formally published in the Kenya Gazette on 1 July 2025.
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