REPUBLIC OF KENEYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
MISCELLANEOUS APPLICATION NUMBER E050 OF 2024
THE AGENCY DIRECTOR, ASSETS RECOVERY AGENCY………APPLICANT
VERSUS
CECILIA NYATHIRA WANJIRU………………………………...1ST RESPONDENT
ROBA HASSAN BORU ABDINUR………………………………..2ND RESPODENT
MOHAMMED JUMA GUYO……………………………………….3RD RESPONDENT
RULING
I have gone through the application dated 15/10/2024 and supporting affidavit of Mohamed Hussein sworn on 15/10/2024 and annexures thereto. I am satisfied that the application is urgent and shall be heard forthwith.
It is claimed that respondents have reasonably been suspected to be involved in drug trafficking contrary to Section 4(a)(ii) of the Narcotics Drugs and Psychotropic Substances (Control) Act, number 4 of 1994. The motor vehicles listed in the application and which are sought to be preserved are subject to forfeiture to the state in the event the respondents are convicted or it is otherwise proved to the satisfaction of the court that they are proceeds of crime or the respondents cannot explain their source.
I also note that the law allows issuance of orders exparte. In the circumstances, I am satisfied that the application dated 15/10/2024 is merited and it is hereby allowed in terms of prayers 2, 3, 4, and 5 thereof. I make no orders as to costs.
The orders shall subsist for a period of 90 days from the date of their gazettement as per Section 84 as read together with Section 83 (i) of the Proceeds of Crime and Anti- Money Laundering Act Chapter 59 A of the Laws of Kenya.
Orders accordingly.
Dated, signed and delivered at Nairobi this 18th day of October 2024.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT OF KENYA