Horn Life
Monday April 28, 2025
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.
However, Justice Benjamin Musyoki dismissed the application, ruling that ARA failed to provide credible evidence linking Mohamed, his company, or the transactions to Ali. He criticized the agency for not presenting clear proof to support their claims.
“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.
“The sole accusation against Mr. Mohamed, if we go by ARA’s theory, is that he sold an inherited property to Mr. Ali. In my view, freezing that property without any criminal link would unfairly deprive him of his rightful inheritance. ARA must conduct deeper investigations and provide concrete reasons before taking such serious actions,” the judge added.
Mr. Mohamed, representing himself in court, explained that the money in question came from the sale of a family home he inherited from his mother in Mogadishu.
He sold the property, known as Sudan House, in September 2023 to Dahir Mohamoud Mohamed for $2.2 million (about Sh285 million), a transaction verified by Somalia’s Financial Crimes Department and the Office of the Attorney General.
Mr. Mohamed said he bought the Westlands home to settle down with his family in Kenya.
He categorically denied having any contact with Mr. Ali, either directly or indirectly. During the sale of the Mogadishu property, he said he only interacted with a Notary Public and Dahir Mohamoud, who acted on behalf of the buyer. Mohamed insisted he never received any funds from Ali.
The case partly revolved around the transfer of $560,000 (about Sh72.5 million), which Dahir Mohamoud deposited into Jibca Services Limited’s I&M Bank account in February and March 2024.
ARA alleged that the money came from Ali and was funneled through Dahir Mohamoud to Jibca Services Limited, a company registered in February 2024, where Mohamed is listed as one of two shareholders and the sole signatory.
ARA further claimed that the account experienced rapid suspicious transactions, eventually leading to the account being emptied.