The Applicant herein has moved this court by way of an originating motion dated the 4th February 2025 under Sections 81 and 82 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA), order 51 Rule 1 of the Civil Procedure Rules.
The application is supported by the annexed affidavit sworn by one Jackson Kimani, an investigator attached to the Applicant, sworn on even date and on the grounds set out on the body of the application. The Applicant has sought for preservation order to issue restraining the Respondent and/or his employees, agents or representatives from selling, transferring, disposing of or in any manner dealing with Motor vehicle KCZ 723D, unregistered parcel of land falling within the main land south registration Block Parcel No. M/S/111/203 identified by geographical coordinates – 4.1059696; 39.6461961 and all the developments thereof.
The Applicant has sought further orders that the Respondent be directed to surrender motor vehicle KCZ 723D, the original log book and ignition keys to itself within 7 days from the date of service. Further that an order be issued directing the Director General of National Transport and Safety Authority to register caveat against the records of the aforesaid motor vehicle, and that in the event of default to comply with the order of delivering the motor vehicle as above, an order to be issued authorizing Jackson Kimani to take possession of the vehicle and deliver the same to the Applicant’s Director.
The court has perused through the supporting affidavit and the annextures and particularly the M-pesa statements marked as JK-9 and the bank accounts statements, which according to the investigator, received suspicious huge sums of cash deposits that may be indicative activities of money laundering.
The deponent has further deposed that deposits that were made into the respondent’s bank accounts was used to acquire assets including the suspect motor vehicle and the unregistered parcel of land.
From the affidavit, the court is satisfied that the Applicant has made a case to warrant granting of the orders that have been sought for in the application.
I hereby grant prayers (2), (3), (4), (5) and (6) of the application. The orders shall last for 90 days as per Section 84 of the Proceeds of Crime and Anti-Money Laundering Act.
L.M. NJUGUNA
JUDGE
5/2/2025
The application is supported by the annexed affidavit sworn by one Jackson Kimani, an investigator attached to the Applicant, sworn on even date and on the grounds set out on the body of the application. The Applicant has sought for preservation order to issue restraining the Respondent and/or his employees, agents or representatives from selling, transferring, disposing of or in any manner dealing with Motor vehicle KCZ 723D, unregistered parcel of land falling within the main land south registration Block Parcel No. M/S/111/203 identified by geographical coordinates – 4.1059696; 39.6461961 and all the developments thereof.
The Applicant has sought further orders that the Respondent be directed to surrender motor vehicle KCZ 723D, the original log book and ignition keys to itself within 7 days from the date of service. Further that an order be issued directing the Director General of National Transport and Safety Authority to register caveat against the records of the aforesaid motor vehicle, and that in the event of default to comply with the order of delivering the motor vehicle as above, an order to be issued authorizing Jackson Kimani to take possession of the vehicle and deliver the same to the Applicant’s Director.
The court has perused through the supporting affidavit and the annextures and particularly the M-pesa statements marked as JK-9 and the bank accounts statements, which according to the investigator, received suspicious huge sums of cash deposits that may be indicative activities of money laundering.
The deponent has further deposed that deposits that were made into the respondent’s bank accounts was used to acquire assets including the suspect motor vehicle and the unregistered parcel of land.
From the affidavit, the court is satisfied that the Applicant has made a case to warrant granting of the orders that have been sought for in the application.
I hereby grant prayers (2), (3), (4), (5) and (6) of the application. The orders shall last for 90 days as per Section 84 of the Proceeds of Crime and Anti-Money Laundering Act.
L.M. NJUGUNA
JUDGE
5/2/2025