The court has perused and has considered the Originating Motion dated the 27th March, 2025 together with the Supporting Affidavit and the Certificate of Urgency. In the supporting affidavit, the deponent states that the 1st Respondent has been operating in Kenya illegally and has obtained illegitimate funds which he has utilized in the purchase of the assets in issue.
Further, that he has subsequently transferred the assets to the 2nd Respondent through a scheme of money laundering. That there are reasonable grounds to believe that the assets in issue are proceeds of crime liable for preservation under the Proceeds of Crime and Anti-Money Laundering Act.
The Applicant has urged the court to make an order for preservation of the assets as there is an imminent danger that the 2nd Respondent shall dispose them.
In the interest of justice and having been satisfied that the Applicant is deserving of the orders sought herein, I hereby allow the application in terms of prayers (2), (3), (4) and (5) of the application.
I make no orders as to costs.
L.M. NJUGUNA
JUDGE
28/3/2025
Further, that he has subsequently transferred the assets to the 2nd Respondent through a scheme of money laundering. That there are reasonable grounds to believe that the assets in issue are proceeds of crime liable for preservation under the Proceeds of Crime and Anti-Money Laundering Act.
The Applicant has urged the court to make an order for preservation of the assets as there is an imminent danger that the 2nd Respondent shall dispose them.
In the interest of justice and having been satisfied that the Applicant is deserving of the orders sought herein, I hereby allow the application in terms of prayers (2), (3), (4) and (5) of the application.
I make no orders as to costs.
L.M. NJUGUNA
JUDGE
28/3/2025