The court has perused through the Originating Summons dated the 9th June 2025 together with the certificate of urgency and the supporting affidavit. The same has been brought under Sections 81, 82, 84 and 131 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 Rule 1 of the Civil Procedure Rules.
Through the application, the Applicant has sought for preservation order to be granted against the Respondent and/or his employees, agents, servants, representatives or any other person acting on his behalf from selling/charging/mortgaging/transferring/disposing of, or any other way dealing in any other manner with the motor vehicle registration Numbers set out in paragraph 2 of the motion.
The Applicant has also sought other several orders as stated in the application.
The Applicant has stated that on the 4th of April 2025 it received information that the Respondent herein had been intercepted while dealing in trafficking in narcotic drugs contrary to the provisions of Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. That the Applicant commenced investigations to identify, trace and recover proceeds of crime accrued to the respondents through the illegitimate trafficking in narcotic drugs.
Further, the investigations established that the Respondent had been arrested and charged on the 7th May, 2025 with the offence of trafficking in narcotic drugs. The Applicant, thus, reasonably believes that the respondent acquired the subject motor vehicles and motor cycle using proceeds obtained from the illegitimate trafficking in narcotic drugs.
The Applicant further states that there are no orders currently preserving the assets in issue and there is imminent danger that the respondent and/or his employees, agents, servants and/or representatives shall dispose, transfer and dissipate the said assets unless this Honourable court issues preservation orders as prayed in the application.
Having considered the application as above, I find that the Applicant has made up a case for issuance of the orders sought in the Originating Motion dated the 9th June, 2025.
The application is allowed in terms of prayers (2), (3), (4), (5) and (6). The said orders to last for a period of ninety (90) days pursuant to Section 84 of the Proceeds of Crime and Anti-Money Laundering Act.
It is so ordered.
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L.M. NJUGUNA
JUDGE
10/6/2025
Through the application, the Applicant has sought for preservation order to be granted against the Respondent and/or his employees, agents, servants, representatives or any other person acting on his behalf from selling/charging/mortgaging/transferring/disposing of, or any other way dealing in any other manner with the motor vehicle registration Numbers set out in paragraph 2 of the motion.
The Applicant has also sought other several orders as stated in the application.
The Applicant has stated that on the 4th of April 2025 it received information that the Respondent herein had been intercepted while dealing in trafficking in narcotic drugs contrary to the provisions of Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. That the Applicant commenced investigations to identify, trace and recover proceeds of crime accrued to the respondents through the illegitimate trafficking in narcotic drugs.
Further, the investigations established that the Respondent had been arrested and charged on the 7th May, 2025 with the offence of trafficking in narcotic drugs. The Applicant, thus, reasonably believes that the respondent acquired the subject motor vehicles and motor cycle using proceeds obtained from the illegitimate trafficking in narcotic drugs.
The Applicant further states that there are no orders currently preserving the assets in issue and there is imminent danger that the respondent and/or his employees, agents, servants and/or representatives shall dispose, transfer and dissipate the said assets unless this Honourable court issues preservation orders as prayed in the application.
Having considered the application as above, I find that the Applicant has made up a case for issuance of the orders sought in the Originating Motion dated the 9th June, 2025.
The application is allowed in terms of prayers (2), (3), (4), (5) and (6). The said orders to last for a period of ninety (90) days pursuant to Section 84 of the Proceeds of Crime and Anti-Money Laundering Act.
It is so ordered.
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L.M. NJUGUNA
JUDGE
10/6/2025