The Applicant has moved this court by way of the Originating summons dated the 17th April 2025 under Sections 81, 82 and 87 of the Proceeds of Crime and Anti-Money Laundering Act (herein referred as the POCAMLA) and Order 51 of the Civil Procedure Rules seeking among other orders, preservation orders to preserve the assets that are set out in prayers (2), (3) and (4) of the Originating Summons. It has also sought for orders that the Director General of National Transport and Safety authority do register a caveat against the records of each of the motor vehicles set out in prayer 3, and that the Chief Land Registrar to register a caveat against the records of each of the properties specified in prayer (4).
The court has considered the summons which is supported by the affidavit sworn by Mohamed Hussein, in which he has deponed that, a multi-agency team has been investigating the respondents for offences of trafficking of narcotics and money laundering since 2015 and the 1st Respondent was arrested in 2025 while the 2nd Respondent is still at large.
That the Applicant has been investigating the matter to identify any proceeds of crime acquired by the Respondents connected to trafficking of narcotics and money laundering. That the 1st Respondent and others were charged with the offence of trafficking in narcotic drugs.
Following orders from the Chief Magistrate Court to investigate accounts of the 1st Respondent, the investigator established that the 1st Respondent’s bank account received suspicious cash deposits and transactions.
The applicant states that there are reasonable grounds to believe that the funds and assets in issue are proceeds of trafficking in narcotics, subject of money laundering and this constitute proceeds of crime liable for recovery under the provisions of POCAMLA.
In view of the aforegoing, I am of the considered view that the applicant has made a case warranting the granting of the orders sought. The application is allowed in terms of Prayers (2), (3), (4), (5), (6) and (7).
No order is made on costs.
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L.M. NJUGUNA
JUDGE
24/4/2025
The court has considered the summons which is supported by the affidavit sworn by Mohamed Hussein, in which he has deponed that, a multi-agency team has been investigating the respondents for offences of trafficking of narcotics and money laundering since 2015 and the 1st Respondent was arrested in 2025 while the 2nd Respondent is still at large.
That the Applicant has been investigating the matter to identify any proceeds of crime acquired by the Respondents connected to trafficking of narcotics and money laundering. That the 1st Respondent and others were charged with the offence of trafficking in narcotic drugs.
Following orders from the Chief Magistrate Court to investigate accounts of the 1st Respondent, the investigator established that the 1st Respondent’s bank account received suspicious cash deposits and transactions.
The applicant states that there are reasonable grounds to believe that the funds and assets in issue are proceeds of trafficking in narcotics, subject of money laundering and this constitute proceeds of crime liable for recovery under the provisions of POCAMLA.
In view of the aforegoing, I am of the considered view that the applicant has made a case warranting the granting of the orders sought. The application is allowed in terms of Prayers (2), (3), (4), (5), (6) and (7).
No order is made on costs.
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L.M. NJUGUNA
JUDGE
24/4/2025