The court has considered the Originating Motion dated the 30th June 2025 together with the certificate of urgency and the supporting affidavit sworn by Isaac Nakitare, on even date.
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, seeking a preservation order against the Respondent and/or his employees, agents, servants or representatives in respect to motor vehicle registration number KDN 780J, Axio Toyota Chassis Frame Number NKE165-7130278 registered in the name of the Respondent.
The facts in support of the application are that, on the 28th March, 2025 the respondent herein was charged with the offence of trafficking in persons among other offences contrary to the provisions of Counter Trafficking in Persons Act No. 8 of 2010. The applicant commenced investigations to identify, trace and recover proceeds of crime accrued to the respondent through the offence of trafficking of persons.
The applicant reasonably believes that the respondent acquired the subject motor vehicle suing illegitimate proceeds obtained from illegitimate trafficking in persons and laundered through the respondent’s mpesa wallets accounts.
That the aforesaid motor vehicle is a proceed of crime and if it is not preserved, there is a risk that the respondent may initiate sale, charge or dispose the same to the detriment and frustration of execution of anticipated forfeiture orders if the case proceeds.
Having considered these facts, I find that the applicant has established reasonable grounds on the basis of which this court should issue the orders prayed for. In the premises, I do allow the application and hereby grant prayers (2), (3), (4) and (5) of the Originating Motion.
It is ordered.
L.M. NJUGUNA
JUDGE
3/7/2025
FURTHER ORDER
The file be marked as closed.
L.M. NJUGUNA
JUDGE
3/7/2025
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, seeking a preservation order against the Respondent and/or his employees, agents, servants or representatives in respect to motor vehicle registration number KDN 780J, Axio Toyota Chassis Frame Number NKE165-7130278 registered in the name of the Respondent.
The facts in support of the application are that, on the 28th March, 2025 the respondent herein was charged with the offence of trafficking in persons among other offences contrary to the provisions of Counter Trafficking in Persons Act No. 8 of 2010. The applicant commenced investigations to identify, trace and recover proceeds of crime accrued to the respondent through the offence of trafficking of persons.
The applicant reasonably believes that the respondent acquired the subject motor vehicle suing illegitimate proceeds obtained from illegitimate trafficking in persons and laundered through the respondent’s mpesa wallets accounts.
That the aforesaid motor vehicle is a proceed of crime and if it is not preserved, there is a risk that the respondent may initiate sale, charge or dispose the same to the detriment and frustration of execution of anticipated forfeiture orders if the case proceeds.
Having considered these facts, I find that the applicant has established reasonable grounds on the basis of which this court should issue the orders prayed for. In the premises, I do allow the application and hereby grant prayers (2), (3), (4) and (5) of the Originating Motion.
It is ordered.
L.M. NJUGUNA
JUDGE
3/7/2025
FURTHER ORDER
The file be marked as closed.
L.M. NJUGUNA
JUDGE
3/7/2025