'The application before the court is the one dated the 16th September, 2025 in which the applicant has sought for preservation orders to issue for preservation of motor vehicle registration numbers KDB 296Q Mitsubishi Fuso Lorry and KDN 851P Toyota Noah. The applicant has also prayed that the respondents be directed to surrender the original log books and keys of the aforesaid motor vehicles to the applicant within 7 days; an order directing the Director General of the National Transport and Safety Authority to register a caveat against the record of the aforesaid motor vehicles and that the respondents be ordered to surrender the vehicles to the applicant and be assembled at the applicant’s premises with immediate effect.
The application is premised on the grounds set out on the body of the same, and it is supported by the annexed affidavit sworn by Isaac Nakitare, the applicant’s investigating officer.
The court has gone through the application and the supporting affidavit aforesaid. It has been deponed that on the 19th July 2024, the applicant received a duplicate file from the Transnational Organized Crime Unit Directorate of Criminal Investigations on a suspected case of smuggling of human beings.
That pursuant to that information, the applicant opened an inquiry File No. 64 of 2024 to investigate the suspects’ activities and identify the assets that are believed to be proceeds of crime.
On the 7th February, 2024 at Malgis roadblock at Laisamis Sub-county, within Marsabit County, the two motor vehicles were intercepted. Upon conducting a search on both vehicles, 18 foreign nationals male and female were found in a modified compartment inside the lorry with 7 others found in the Toyota Noah.
That the vehicles were booked at Laisamis Police Station and the drivers and the co-drivers were arrested and charged at Kahawa Law Courts, on the 19th February, 2024.
That preliminary investigations revealed that the motor vehicles were purchased with funds derived from smuggling of human beings and when the respondents were summoned to explain the source of funds used to purchase the vehicles, they have refused to honour the summons.
In view of the foregoing, the court is convinced that the applicant has established reasonable grounds on the basis of which the orders sought in the application can be issued. I hereby grant prayers (2), (3), (4) and (5) of the Originating Motion dated the 16th September 2025.
L.M. NJUGUNA
JUDGE
16/9/2025
'
The application is premised on the grounds set out on the body of the same, and it is supported by the annexed affidavit sworn by Isaac Nakitare, the applicant’s investigating officer.
The court has gone through the application and the supporting affidavit aforesaid. It has been deponed that on the 19th July 2024, the applicant received a duplicate file from the Transnational Organized Crime Unit Directorate of Criminal Investigations on a suspected case of smuggling of human beings.
That pursuant to that information, the applicant opened an inquiry File No. 64 of 2024 to investigate the suspects’ activities and identify the assets that are believed to be proceeds of crime.
On the 7th February, 2024 at Malgis roadblock at Laisamis Sub-county, within Marsabit County, the two motor vehicles were intercepted. Upon conducting a search on both vehicles, 18 foreign nationals male and female were found in a modified compartment inside the lorry with 7 others found in the Toyota Noah.
That the vehicles were booked at Laisamis Police Station and the drivers and the co-drivers were arrested and charged at Kahawa Law Courts, on the 19th February, 2024.
That preliminary investigations revealed that the motor vehicles were purchased with funds derived from smuggling of human beings and when the respondents were summoned to explain the source of funds used to purchase the vehicles, they have refused to honour the summons.
In view of the foregoing, the court is convinced that the applicant has established reasonable grounds on the basis of which the orders sought in the application can be issued. I hereby grant prayers (2), (3), (4) and (5) of the Originating Motion dated the 16th September 2025.
L.M. NJUGUNA
JUDGE
16/9/2025
'