REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
MISCELLANEOUS APPLICATION NO. E060 OF 2024
ASSTES RECOVERY AUTHORITY……………….………...... APPLICANT
AND
HESBORN WAFULA ODAYE.................................................. RESPONDENT
RULING
The application before me is brought under Sections 81 and 82 of the Proceeds of Crimes and Anti-Money Laundering Act seeking preservation of motor vehicle registration number KBQ 864X. The application is supported by affidavit of Collins Ipapo sworn on 4-12-2024.
The deponent to the supporting affidavit avers that motor vehicle registration number KBZ 514Z which was registered to the respondent was on 18-03-2024 intercepted by police form Sio Port police station along Namboboto-Funyula road while transporting substance which was suspected to be narcotic substances. Subsequently, the respondent was charged in Port Victoria magistrate’s court with trafficking narcotic drugs vide criminal case number E116 of 2024. A charge sheet to that effect has been attached as an annexure CI-4.
According to the investigator, further investigations revealed that the respondent had transacted in his Mpesa line and bank account number 01109237210800. The investigations which were conducted through court warrants raised suspicions that the respondent was engaged in the illegal business and with the proceeds therefrom bought motor vehicle registration number KBQ 864X which the applicant now wants preserved.
The applicant has not told the court the fate of motor vehicle registration number KBZ 514Z or money which may be held in the bank account. I can only hope that the same have been preserved in a different matter. This notwithstanding, I am satisfied that the applicant has made up a prima fascie case justifying granting of the orders sought.
For the above reasons I issue the following orders;
- The application dated 4th December 2024 is allowed in terms of prayers 2, 3, 4 and 5.
- I make no orders as to costs.
- This order shall be valid for ninety (90) days from the date the same is published in Kenya Gazette.
- This file is closed.
Dated signed and delivered at Nairobi this 10th day of December 2024.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT.