RULING
The application dated 12/5/2025 seeks to preserve funds in account number 03606206276150 held at I & M bank in the name of the respondent on grounds that the same are proceeds of crime. The supporting affidavit of Martin Samburumo dated 12/5/2025 states that the funds were suspected to be proceeds of crime as they were obtained through fraudulent and forged documents.
The respondent is said to have been registered on 16/1/2025 as a business name and later converted to a limited liability partnership with its nature of business as litigation on tax issues. The manager of the firm one David Ironda Lumumba is not an advocate and the respondent is not registered with the Law Society of Kenya. In my mind, this alone is enough to justify granting of preservation orders as such business is illegal and any money earned from the same is obvious proceeds of crime.
Further the account is shown to have received several transfers and deposits whose source is also suspect as the contracts alleged to have been made to justify the sources of the funds do not exist.
Having analyzed the evidence tendered in the supporting affidavit, I am convinced that the orders for preservation are justified and I hereby grant the application in terms of prayer 2 thereof.
The orders shall be gazetted as per provisions of Section 83(1) of the Proceeds of Crimes and Anti Money Laundering Act and shall remain in force for the statutory period provided in Section 84 of the Act.
B. M. MUSYOKI
JUDGE
13/5/2025
FURTHER ORDER
File is closed.
B. M. MUSYOKI
JUDGE
13/5/2025