The applicant’s chamber summons dated 12th August 2024 ask that the notice of motion dated 13th August 2024 be certified urgent and admitted for hearing during the current High Court’s vacation. I have read the reasons given in the supporting affidavit of Zacharia Lekishon and I am convinced that the Originating Summons dated 13th August 2024 is proper for hearing during this court’s vacation. Consequently, the same is admitted for hearing.
The notice of motion dated 12th August 2024 seeks to preserve motor vehicles registration numbers KDJ 814A and KDJ 560Q which are said to have been purchased using proceeds of crime. The affidavit of Zacharia Lekishon in support thereof indicates that the money used to acquire the two vehicles were proceeds of drug business. From the affidavit, the deponent has made references to year 2023 but I take that as slip of the hand. I am convinced from the evidence adduced herein that the Originating Summons I merited and I proceed to grant the same in the following terms.;
1. The Originating Summons dated 12th August 2024 is certified urgent and admitted for hearing during the current High Court vacation.
2. A preservation order is hereby issued against the Respondents and/or their employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposal off or other dealings with motor vehicles registration numbers KDJ 814A, Mazda Demio and KDH 560Q Mazda Demio.
3. The Respondents are hereby directed to surrender the original logbooks and keys of motor vehicles registration numbers KDJ 814A Mazda Demio and KDH 560Q Mazda Demio to the Applicant within seven days from the date of this order.
4. The Director General of the National Transport and Safety Authority is ordered to register a caveat against the record of motor vehicles registration numbers KDH 814A a Mazda Demio and KDH 560Q a Mazda Demio.
5. The Respondents are ordered to surrender motor vehicles registration numbers KDJ 814A, a Mazda Demio and KDH 560Q a Mazda Demio to the applicant immediately.
6. This order shall be and remain in force for ninety (90) days.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT
The notice of motion dated 12th August 2024 seeks to preserve motor vehicles registration numbers KDJ 814A and KDJ 560Q which are said to have been purchased using proceeds of crime. The affidavit of Zacharia Lekishon in support thereof indicates that the money used to acquire the two vehicles were proceeds of drug business. From the affidavit, the deponent has made references to year 2023 but I take that as slip of the hand. I am convinced from the evidence adduced herein that the Originating Summons I merited and I proceed to grant the same in the following terms.;
1. The Originating Summons dated 12th August 2024 is certified urgent and admitted for hearing during the current High Court vacation.
2. A preservation order is hereby issued against the Respondents and/or their employees, agents or representatives acting on their behalf prohibiting the sale, transfer or disposal off or other dealings with motor vehicles registration numbers KDJ 814A, Mazda Demio and KDH 560Q Mazda Demio.
3. The Respondents are hereby directed to surrender the original logbooks and keys of motor vehicles registration numbers KDJ 814A Mazda Demio and KDH 560Q Mazda Demio to the Applicant within seven days from the date of this order.
4. The Director General of the National Transport and Safety Authority is ordered to register a caveat against the record of motor vehicles registration numbers KDH 814A a Mazda Demio and KDH 560Q a Mazda Demio.
5. The Respondents are ordered to surrender motor vehicles registration numbers KDJ 814A, a Mazda Demio and KDH 560Q a Mazda Demio to the applicant immediately.
6. This order shall be and remain in force for ninety (90) days.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT