ATPU detains Congolese national "aiding" terror groups smuggle gold to Dubai

Police are holding a Congolese national suspected of aiding rebel groups in his country to smuggle gold to Dubai through Kenya, a business that is allegedly aiding the groups to finance their operations.

The Directorate of Criminal Investigations' Anti-Terrorist Police Unit (ATPU) is holding Emmanuel Mpila at its Nairobi branch offices.

Mpila was arrested on January 15 at the Jomo Kenyatta International Airport by immigration department officials. ATPU had flagged him as a wanted man.

An affidavit filed at the Kahawa law courts by Corporal Jonathan Mwenda of ATPU Nairobi branch says Mpila is under investigation for crimes including membership to a terrorism group and provision of property for commission of terrorism act contrary to Prevention of Terrorism Activities Act (POTA) of 2012.

Others include aiding terrorism activities and money laundering contrary to section 4 (a) of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) of 2009 and offering logistical support to terrorist groups contrary to POTA by enabling them to carry out illegal trade to raise funds for their activities.

Cpl Mwenda says Mpila has been offering support to ISIL and ISIS groups based in Congo to smuggle gold to Dubai and the groups have been using the proceeds of the illegal trade to purchase ammunition and pay recruitment agents.

He was seeking orders to detain the suspect for 21 days pending the investigations which he said will involve cross-border investigations and working together with foreign authorities to gather evidence.

"The respondent (Mpila) is believed to have accomplices yet to be apprehended and their arrest is being vigorously pursued by the security agencies in Congo Dubai and the country," stated Cpl. Mwenda.

Cpl. Mwenda urged the court to consider that the offences under investigation are serious as they attract penalties of up to 20 years jail term.

The detective sensationally claimed that Mpila was found with several SIM cards for different countries, a laptop and flash discs containing material for radicalization (violent extremism) concerning ISIS and ISIL during a search at his premises.

However, Mpila said he owns SIM cards because his business involves travelling to different countries where he uses them for communication.

He claimed that he has lived and done business in Kenya for close to 15 years and has never been involved in any crime claiming that he is a distributor for leading manufacturers and dealers including Kappa Industries, Total Energies, and Mabati Rolling Mills among others.

Mpila is said to have been receiving money in dollars through his account held at a local bank before ATPU got concerned with his activities and summoned him in October last year. ATPU says he has been receiving the cash in US dollars.

He showed up but was let go as investigations continued. Mpila told Senior Principal Magistrate Boaz Ombewa that he opened the bank accounts to stop receiving huge amounts of money which would raise suspicion of funding rebels back in his home country.

The suspect told the court that he had travelled out of Kenya twice during the period the matter was under investigation and before he was arrested.

The same was evident in his passport which was before the court. He pleaded for bail and bond terms to evade detention which he said would affect his business and family, pledging to surrender the passports to the court to secure the freedom.

"I have no intention of committing any crime and I want all the investigations to be done for my own safety, the safety of Kenya and Congo," stated Mpila.

His lawyers Simon Mburu and Anthony Kago also opposed the application stating it did not present any compelling reasons to warrant the limitation of Mpila's rights to freedom.

However, Ombewa remanded Mpila in custody for 10 days until January 28.