The applicant has brought the originating motion dated 11 th March 2025 under Sections 81 and 82 of the Proceeds of Crime and Anti-Money Laundering Act (hereinafter referred to as ‘POCAMLA’) and Order 51 Rule 1 of the Civil Procedure Rules. The application seeks to preserve Kshs 509,495.00; USD 12,602; Euros 15; Tshs 24,000 and Angolan Kwanza 10,000.00 which are said to be currently in the hands of the interested party having been seized from the house of the respondent.
The affidavit in support of the application is sworn by the applicant’s investigator one Mohammed Hussein who swears that in March 2024, the applicant received information that the respondent and Terresia Achieng Nginga his wife had been raided at Harambee Estate in Buruburu area of Nairobi County. In this raid, 18 pellets of whitish substance wrapped in polythene paper suspected to be narcotic drugs and the cash which is sought to be forfeited were recovered. The investigator adds that the environment of the house suggested that the respondent was involved in distribution of narcotic drugs.
The money recovered was seized and deposited in the Central Bank of Kenya in a safe box and the key thereof was retained. Tests carried on the whitish substance returned results that it was cocaine weighing 243.54 grammes valued at Kshs 974,160/=.
Following the above, the deponent avers that the respondent and his wife were charged at JKIA Court criminal case number E074 of 2023 and that an inquiry file was opened through which the applicant accessed the respondent’s financial accounts through a court warrant. Analysis of the financial affairs of the respondent revealed that the respondent had avoided the regular banking system but his mpesa statement showed transactions totalling to Kshs 119,481,053.39 were done between 2022 to 2023. Some of the transactions were done between the respondent and other named persons who have been arrested and charged separately with offences of dealing in drugs.
Having gone through the supporting affidavit and the annexures thereto, it is clear and apparent that the respondent is involved in business of drug trafficking. He has associated with people who have been charged and implicated in dealing in illicit drugs. The fact that the respondent has been transacting large amounts of money outside the regular banking system and keeping substantial amount of money in different currencies in form of cash are indicators of a person who is involved in illegitimate business. It is notable that the substance recovered from the respondent’s house was found to be cocaine which is a prohibited drug.
I note that although the money is kept in a safe at the Central Bank of Kenya, the same is not in the custody of the applicant or the court and may dissipate without any legal consequence to the respondent or the keepers. It is important that the same be preserved by an order of this court. Secondly, it is the preservation order which will give the applicant a cause of action or locus standi to file forfeiture proceedings as required under section 90(1) of the POCAMLA. In view of the above, it is my finding that the applicant has established a case deserving the orders of this court.
Consequently, the application is granted in terms of prayer 2 and 3. The applicant shall serve and gazette the orders issued herein as provided for in section 83 of POCAMLA.
This file is closed.
Dated, signed and delivered at Nairobi this 16 th day of March 2026.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT.
The affidavit in support of the application is sworn by the applicant’s investigator one Mohammed Hussein who swears that in March 2024, the applicant received information that the respondent and Terresia Achieng Nginga his wife had been raided at Harambee Estate in Buruburu area of Nairobi County. In this raid, 18 pellets of whitish substance wrapped in polythene paper suspected to be narcotic drugs and the cash which is sought to be forfeited were recovered. The investigator adds that the environment of the house suggested that the respondent was involved in distribution of narcotic drugs.
The money recovered was seized and deposited in the Central Bank of Kenya in a safe box and the key thereof was retained. Tests carried on the whitish substance returned results that it was cocaine weighing 243.54 grammes valued at Kshs 974,160/=.
Following the above, the deponent avers that the respondent and his wife were charged at JKIA Court criminal case number E074 of 2023 and that an inquiry file was opened through which the applicant accessed the respondent’s financial accounts through a court warrant. Analysis of the financial affairs of the respondent revealed that the respondent had avoided the regular banking system but his mpesa statement showed transactions totalling to Kshs 119,481,053.39 were done between 2022 to 2023. Some of the transactions were done between the respondent and other named persons who have been arrested and charged separately with offences of dealing in drugs.
Having gone through the supporting affidavit and the annexures thereto, it is clear and apparent that the respondent is involved in business of drug trafficking. He has associated with people who have been charged and implicated in dealing in illicit drugs. The fact that the respondent has been transacting large amounts of money outside the regular banking system and keeping substantial amount of money in different currencies in form of cash are indicators of a person who is involved in illegitimate business. It is notable that the substance recovered from the respondent’s house was found to be cocaine which is a prohibited drug.
I note that although the money is kept in a safe at the Central Bank of Kenya, the same is not in the custody of the applicant or the court and may dissipate without any legal consequence to the respondent or the keepers. It is important that the same be preserved by an order of this court. Secondly, it is the preservation order which will give the applicant a cause of action or locus standi to file forfeiture proceedings as required under section 90(1) of the POCAMLA. In view of the above, it is my finding that the applicant has established a case deserving the orders of this court.
Consequently, the application is granted in terms of prayer 2 and 3. The applicant shall serve and gazette the orders issued herein as provided for in section 83 of POCAMLA.
This file is closed.
Dated, signed and delivered at Nairobi this 16 th day of March 2026.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT.