By GEORGE MWANGI
The case in which a Belgian businessman Marc De Mesel is said to have gifted his girlfriends with cash amounting to over Sh 650 million has landed in the Court of Appeal with two of the beneficiaries seeking to have the money released to them.
Felista Njoroge Nyamathira and Timothy Waigwa through their lawyer Walter Owaga want the appellate court to release US dolars 1.3 million (approximately Sh 168 million ) seized by the Assets Recovery Agency (ARA).
The case came up on Wednesday, March 4, 2026 before a three bench judge comprising Justices Daniel Musinga, Patrick Kiage and Paul Lilan with Owaga presenting new evidence and facts on why he wants the money sent to the two released by ARA.
Owaga wants the appellate court why ARA selectively decided to discriminate against Ms Nyamathira and Waigwa by forfeiting their money while allowing four other beneficiaries…. Jane Wangui Kago, Serah Wambui Kamanda, Tebby Wambuku Kago the freedom to access theirs.
“The decision by ARA to freeze the money sent to Ms Nyamathira and Waigwa is discriminative and without any basis, other than suspicion and hearsay,” Owaga told the judges.
Owaga says that while Ms. Nyamathira lost her case in High Court, ARA dropped a Sh113 million suit against another Kenyan woman, Tebby Wambuku Kago, in a separate, similar case, allowing her to access funds she received from the same Belgian national.
The Belgian businessman De Mesel, said to deal in crypto currency, sent over Sh650 million (approximately $5-6 million USD) to several young Kenyan women, including Felista Nyamathira Njoroge, Tebby Wambuku Kago, and Jane Wangui Kago sometimes in 2021.
De Mesel claimed the money was a “gift of love” intended to help his girlfriends and their families secure a “good future lifestyle” and invest in businesses.
Nyamathira received Sh 102 m, Tebby Sh 100 m and Jane Sh 49 m.
Suspicious that the money may have been proceeds of money laundering, ARA successfully moved to court and had it forfeited to the government.
Nyamathira and Waigwa then moved to the Court of Appeal after Justice Esther Maina of the High Court had declared the money to be forfeited to the government on grounds that it was proceeds of money laundering.
ARA had moved to High Court, arguing that the source of the cash in Felesta Njoroge’s accounts was not explained.
Documents filed in court by ARA showed that the Belgian wired $229,980 on August 4, 2021, followed with $231,980 the following day.
On August 6, Mesel wired the money twice in batches of $224,980 and $227,980.
ARA said that Nyamathira, astudent at Nairobi Technical Training Institute said she received the money from Marc De Mesel, her Belgian boyfriend.
During the hearing of the case, the ARA told the court that after completing investigations, it established that the 21-year-old student executed a complex scheme of money laundering designed to conceal and disguise the nature and sources of her funds.
The agency said the cash was part of a money laundering scheme or proceeds of crime.
In her judgment, Justice Maina agreed with ARA that the two had not explicitly explained the source of the money.
“Upon consideration of evidence, and all materials placed before me. I am satisfied those two accounts are liable for forfeiture to the state. There is obvious money laundering with respect to the funds,” she had stated.
The Court of Appeal has also directed that all related accounts and transaction records from the cryptocurrency exchanges linked to Marc De Mesel be availed for further scrutiny. The judges noted that clarity on the origin and classification of the funds will be central in determining whether the assets qualify as legitimate gifts or proceeds of crime.
Lawyers representing the beneficiaries further argued that the prolonged freezing of the funds has caused financial hardship, especially to younger recipients who had invested portions of the money in small businesses and personal ventures. They urged the court to expedite the hearing.
The matter is now set for consolidation and hearing on May 17, 2026 by the three appellate judge bench.
Dispute over more than Sh650 million gifted by Belgian businessman De Mesel to Kenyan women has escalated to Appeal Court, where two beneficiaries are fighting.
