Assets Recovery Agency VS ELIAS ENDALE GAMADA

The court has considered the Originating Motion dated the 20th January 2025 together with the Supporting Affidavit and the Accompanying certificate of urgency.  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 of the Civil Procedure Rules.
The same seeks for preservation and seizure order to issue of USD 19,900 funds found in possession and seized from the Respondent.  The applicant has also sought for an order that the said funds be deposited into the Criminal Assets Recovery Fund Account number 1292910038 held at KCB, KICC Branch.  The application is supported by the annexed affidavit sworn by PC Alfred Musalia, an Investigating officer attached to the Applicant.
The court has considered the contents of the Supporting Affidavit, and the provisions of the law under which the application has been brought.  The deponent in the said affidavit depones that the funds that the Applicant seeks to preserve were acquired through illicit human trafficking and a scheme of money laundering, which funds are reasonably believed to be proceeds of crime and that there is immediate need to preserve the funds without which the order, the Respondent or his agent or servants may seek for release of the money.
From the affidavit and if the Applicant’s investigations are proved to be true, the said funds 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 granted, the money that was recovered from the Respondent may not be      safe and there is need for it to be deposited in the preservation account of the Applicant.
In the premises, the Originating Motion dated the 20th January 2025 is allowed in terms of Prayers 2 and 3.  The Applicant to publish these orders as provided for in the Act.  No orders as to costs.
The file is marked as closed.
L.M. NJUGUNA
JUDGE