Gold scam suspect fails to reclaim luxury cars seized by the State

Businessman Jared Kiasa holding a spear and shield. [James Omoro, Standard] Fraud suspect and controversial businessman Jared Kiasa Otieno has faced a significant setback in his quest to reclaim two high-end vehicles seized by the Assets Recovery Agency (ARA) as alleged proceeds of crime. In a judgment delivered on September 20, 2024, a three-judge bench sitting at the Court of Appeal dismissed his appeal to recover one of the vehicles - a Bentley Continental GT, which he claims to have purchased for $453,907 (about Sh58 million at the current exchange rate), and which was registered under Yugni Holdings.The Bentley was initially confiscated in 2019, following investigations into Otieno's business dealings. In February of the same year, the Nairobi Anti-Corruption and Economic Crimes Division of the High Court ruled that the Bentley, registration KCU 966C, was indeed a proceed of crime and ordered its forfeiture to the government. "It is my finding that the applicant has proved on a balance of probabilities that the motor vehicle (Bentley Continental GT) KCU 966C is a proceed of crime," Justice Esther Maina declared in her ruling. However, Justice Maina deferred judgment on Otieno's second vehicle, a Porsche Panamera valued at Sh16 million at the time, due to an ongoing appeal by ARA. A previous ruling by Justice John Onyiego in November 2019 had cleared the Porsche, stating it was not linked to any criminal activity, but the decision was contested by the agency Unsatisfied with these rulings, Otieno proceeded to the Court of Appeal, only to have his hopes dashed once again. He argued that the Bentley was a rare, customised vehicle no longer in production, and that its forfeiture would result in irreparable loss. His lawyers contended that the car was heavily personalised, with unique features that would be impossible to recover if sold. The Court of Appeal, however, dismissed Otieno's arguments, deeming them unconvincing. In the latest Court of Appeal decision delivered by Justices F Tuiyott, J Lesiit, and G W Ngenye-Macharia, the court maintained that the seizure of the vehicles was justified. ARA obtained an order in 2019 to seize the vehicles, on grounds that Otieno was part of an international con syndicate that defrauded unsuspecting investors by pretending to sell them Gold. ARA had also pointed out that Otieno had no known legitimate source of income and had been filing nil tax returns with the Kenya Revenue Authority during the period of investigation. In response, Otieno maintained that he was an honest businessman. Since coming into the public eye in 2015, Otieno, who has expressed political ambitions, particularly eyeing the governorship of Homa Bay County, has been under constant scrutiny regarding the source of his wealth. The seized cars were lavishly customised and had features far beyond a basic model. Otieno initially requested the Porsche Panamera be painted ruby red metallic but later opted for carbon grey metallic. He also ordered special leather interiors, adaptive seats, and had his name, "Jared K. Otieno," inscribed in illuminated letters. A Burmester high-end audio system was among the optional extras for the Porsche. Similarly, the Bentley boasted extravagant features, including front comfort seats with massage and ventilation at a cost of Sh711,300, a night vision system priced at Sh626,000, and a Sh1.7 million audio system from British manufacturer Naim. Otieno's legal troubles escalated in May 2019 when he was charged with obtaining Sh300 million from Sounthorn Chanthavong, a director of Simoung Group Company, by falsely claiming he would sell him gold. Despite his controversial reputation, Otieno is also known for his flamboyant lifestyle. In 2015, he made headlines after flying multiple helicopters to Meru County for a dowry payment ceremony, reportedly spending up to Sh15 million on the wedding reception at a top Nairobi hotel.

Gold scam suspect fails to reclaim luxury cars seized by the State

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