REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
MISCELLANEOUS APPLICATION NO. E061 OF 2024
ASSETS RECOVERY AUTHORITY……………….…….…...... APPLICANT
AND
ELIAS ENDALE GAMADA...................................................... RESPONDENT
RULING
The originating motion dated 10-2-2024 asking this court to make orders preserving properties listed in prayer 2 and 6 thereof is supported by affidavit of Isaac Nakitare an investigator attached to the applicant.
The deponent of the supporting affidavit avers that on 27th November 2024, police officers from the Directorate of Criminal Investigations received information that persons believed to be trafficked were being held in Vineyard Court, Milimani estate in Kajiado County upon which they raided a house within the estate which is owned by the respondent and rescued the persons. Two suspects known as Girna Endale Gamada and Noor Ali Gamada were arrested for trafficking in persons contrary to section 3(1)(d) as read together with section 3(5) of the Counter Trafficking in Persons Act, 2010. During the arrest, money in US, Sudanese, Ethiopian and Kenyan currencies were recovered from the suspects. Also recovered from the suspects were high grade medical cannabis and another substance suspected to be narcotic drug.
The applicant also received information that the respondent had acquired the assets in question from suspected trafficking in persons whereupon it opened an enquiry file number 99 of 2024. The deponed adds that the enquire revealed that the respondent had acquired motor vehicle registration number KDB 731U and trailer number ZE 2503 through proceeds of crime related to the offences for which the above-mentioned persons were arrested.
If the applicant’s findings above are proved to be true, the said vehicles and the money are liable for forfeiture to the government under the Proceeds of Crime and Anti-Money Laundering Act. I am satisfied that unless the application is allowed, the respondent is likely to make the vehicle and the trailer out of reach of the applicant making it difficult to recover. It is also noted that the money recovered from the arrested suspects may not be safe unless it is deposited in the preservation accounts of the applicant.
In view of the above, the originating motion dated 10-12-2024 is allowed in term of prayers 2, 3, 4, 5, 6, 7, 8 and 9 with no orders as to costs. The applicant shall publish these orders in the gazette within the period prescribed by the law and the orders shall remain in force for a period of ninety (90) days after the publication.
This file is closed.
Dated signed and delivered at Nairobi this 11th day of December 2024.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT.