The applicant has brought Originating Motion dated 12/6/2026 under Section 81 and 82 of the Proceeds of Crime and Anti-Money Laundering Act seeking to preserve motor vehicle registration number KDM 709P which is registered to the interested party and claimed to be beneficiary owned by the respondent. The applicant also seeks an order that the respondent be ordered to surrender the vehicle to it. The application is supported by affidavit of Zachariah Lekishon sworn on 12/6/2026.
Zachariah depones that the motor vehicle was intercepted on 25/7/2024 along Busia–Kisumu road by DCI officers based in Kisumu and was found conveying narcotic drugs. The vehicle was in the hands of Bosco Okumu Musa (1 st respondent) and Keziah Kimathi. The two occupants were arrested and the drugs confirmed to be cannabis sativa following which they were charged in Kisumu Chief Magistrate’s Court Criminal case number E314 OF 2024.
The motor vehicle is said to have been purchased from the interested party through hire purchase when the respondent paid an initial deposit of Ksh. 500,000/=. The deponent adds that their further investigations have revealed that the respondent having been the driver, knew that it was conveying narcotic drugs.
I have read the affidavit and the annexures thereto. There is evidence that the motor vehicle was impounded carrying prohibited drugs which is a criminal offence. Under Section 82 (2) of POCAMLA, any property found or proved to have been used or intended to be used to commit crime is liable to preservation. Based on this, I am persuaded that the orders sought by the applicant are merited.
Consequently, the originating motion is granted in terms of prayers 2, 3 and 4 to last for ninety (90) days in terms of Section 84 of POCAMLA. The applicant shall publish the orders herein in the Gazette within the timelines provided for in Section 83 (1) of POCAMLA. There shall be no orders as to costs. This file is closed.
Dated signed and delivered at Nairobi this 15 th day of June 2026.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT .
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Zachariah depones that the motor vehicle was intercepted on 25/7/2024 along Busia–Kisumu road by DCI officers based in Kisumu and was found conveying narcotic drugs. The vehicle was in the hands of Bosco Okumu Musa (1 st respondent) and Keziah Kimathi. The two occupants were arrested and the drugs confirmed to be cannabis sativa following which they were charged in Kisumu Chief Magistrate’s Court Criminal case number E314 OF 2024.
The motor vehicle is said to have been purchased from the interested party through hire purchase when the respondent paid an initial deposit of Ksh. 500,000/=. The deponent adds that their further investigations have revealed that the respondent having been the driver, knew that it was conveying narcotic drugs.
I have read the affidavit and the annexures thereto. There is evidence that the motor vehicle was impounded carrying prohibited drugs which is a criminal offence. Under Section 82 (2) of POCAMLA, any property found or proved to have been used or intended to be used to commit crime is liable to preservation. Based on this, I am persuaded that the orders sought by the applicant are merited.
Consequently, the originating motion is granted in terms of prayers 2, 3 and 4 to last for ninety (90) days in terms of Section 84 of POCAMLA. The applicant shall publish the orders herein in the Gazette within the timelines provided for in Section 83 (1) of POCAMLA. There shall be no orders as to costs. This file is closed.
Dated signed and delivered at Nairobi this 15 th day of June 2026.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT .
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