The Supreme Court of Kenya has rejected a government bid to confiscate a house worth Sh110 million and cash totaling Sh8.6 million, owned by Gibriel Cusman Mohamed, a former Somali diplomat. Authorities had accused Mohamed of links to Yemeni terrorist networks…
The Asset Recovery Agency (ARA), representing the government, argued that the house located on Eldama Ravine Road in Westlands, Nairobi, along with funds in three accounts at I&M Bank, were proceeds from terrorism and money laundering.
The forfeiture application, filed in August 2024, was brought before the Milimani Anti-Corruption Court. ARA sought a declaration that the property belonging to Mr. Mohamed and his company, Jibca Services Limited, constituted assets linked to terrorism, ARA also requested a court order allowing the government to take over the property. The house in question had been purchased from Siana Properties Limited for Sh110.5 million.
According to ARA, the money used to buy the property was traced to Abdi Nasir Ali, a man listed by the U.S. Treasury’s Office of Foreign Assets Control (OFAC) for allegedly financing Houthi rebels and fueling instability in Yemen, ARA added that Ali had been on the Kenyan security agencies’ watchlist and had entered and left Kenya eight times between 2013 and 2018.
ARA only made general statements about supposed investigations indicating terrorist connections, but no details or evidence were placed before the court. If there were indeed investigations showing Mohamed’s link to Ali, ARA failed in its duty by not presenting that evidence,” Justice Musyoki said.
The court also took note of Mr. Mohamed’s long diplomatic career and the fact that he still holds diplomatic passports from Somalia, the United Kingdom, and Ireland. He previously served as Somalia’s ambassador and as First Counsellor and Deputy Head of Mission at the Somali Embassy in Malaysia.
