Assets Recovery Agency VS AHMED NUR AMIN

1. The Applicant herein (Assets Recovery Agency) has moved this court under Sections 81 and 82 of the Proceeds of Crime and Anti-Money Laundering Act, and Order 51 Rule 1 of the Civil Procedures Act in which it has sought the following orders: -
(1)  That the application be certified as urgent
(2) The Honourable Court be pleased to issue a preservation orders prohibiting the Respondent and/or his agents or representatives from sale, transfer, charging/mortgaging or disposal of, or any other dealings in respect of motor vehicle registration No. KBQ 199X.
(3) That this Honourable Court be pleased to issue preservation orders of Kshs. 198,639 and any interest accrued from the same held at account number 2052650545 domiciled at Absa Bank in the name of Ahmed Nur Amin.
(4) That the Respondent be directed to surrender the motor vehicle stated in paragraph 2 above and to assemble it at the Applicant’s offices within 7 days and hand it over to the Applicant’s director or any other officer authorized by the Agency Director to exercise control over the said motor vehicle.
(5) That an order directing the Director General of National Transport and Safety authority to register a caveat against the record of the motor vehicle registration numbers KBQ 199X.
(6) That this Honourable Court be pleased to make any other ancillary order it may deem fit for the proper, fair and effective execution of its orders.
2. The application is premised on the grounds set out on the body of the same and supported by the annexed affidavit sworn by Peter Mutisya, on the 17th day of March 2025.
3. In support of the application, the Applicant states that it received information of a case involving trafficking in narcotic drugs by the Respondent and was using motor vehicle registration number KBQ 199X along Garbatulla – Isiolo Highway.
4. That a multi-agency special operations based at Kama in Garbatulla in Isiolo within Isiolo County received intelligence that there was a motor vehicle suspected to be ferrying narcotic drugs, and acting on that information its officers proceeded to Kambi Samaki area along Garbatulla – Isiolo Highway where they spotted motor vehicle registration number KBQ 199X Nissan X-trail Silver in colour.
5. The officers flagged the said motor vehicle but the driver of the same sped off prompting the officers to fire a warning shot but the driver defied and accelerated leading to a chase where the officers aimed a shot at the tyres in an attempt to deflate them, and as a result, managed to deflate the right front-tyre which finally brought the vehicle to stop with its occupants fleeing to a nearby bush and abandoning the vehicle.
6. Upon carrying out a search in the said motor vehicle, the officers managed to recover 44 bales of dry plant material suspected to be narcotic drugs with the preliminary investigations establishing that the Bank accounts associated with the respondent received large suspicious cash deposits from unknown individuals which are suspected to be funds obtained from the illegitimate business of trafficking in narcotic drugs.
7. The Applicant avers that there are reasonable grounds to believe that the subject motor vehicle and the funds held in account number 2052650545 are proceeds of crime.
8. The Applicant is apprehensive that if the orders sought herein are not granted, there is imminent danger to the Respondent and/or his agents may dispose of, transfer and dissipate the said motor vehicle and cash, as there are no court orders currently preserving the same.
9. The court has considered the application and the supporting affidavit and from the facts deponed herein, I am satisfied that there are reasonable grounds to believe that the motor vehicle and the money has been used or is intended for use in the commission of an offence and/or are proceeds of crime.
10. In the circumstances, I allow prayers (2), (3), (4) and (5) of the Originating Summons dated the 17th March 2025.
11. The court makes no orders on costs.
12. This file is marked as closed.
L.M. NJUGUNA
JUDGE
18/3/2025