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RULING
The court has been moved by the applicant vide the Originating motion dated the 16th September, 2025. The same is brought under Sections 81 & 82 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 Rule 1 of the Civil Procedure Rules. The Applicant has sought for preservation orders to issue, among other orders, against the respondent and/or his employees, agents, or representatives acting on their behalf prohibiting the sale, transfer or disposal of or other dealings with motor vehicle registration number KAP 797G in the name of the respondent.
The application is supported by the annexed affidavit sworn by Isaac Nakitare who is an investigating officer with Assets Recovery Agency sworn on even date.
He deponed that, on the 27th August, 2025, the applicant received a duplicate file from the Anti-Narcotics Unit Directorate of Criminal Investigation on a suspected trafficking of narcotics, and pursuant to that information, the Agency opened an inquiry file No. 87 of 2025 to investigate the suspect’s activities and identify the assets that are believed to be proceeds of crime.
That on the 30th July, 2025 the DCI officers from the Anti-Narcotics Unit, received information about an Italian national identified as Giulio Giarnardi residing in Mwambungo within Ukunda who was involved in illegal cultivation, processing and trafficking of narcotics. That upon conducting a search in the compound, the officers found green leafy seedlings cultivated in small plastic bag containers and in the house, they found a drier, equipment and refrigerators and dried plant materials suspected to be narcotic drugs.
That the officers seized a sale agreement, two title deeds from the house of two parcels of land in the name of the respondent among other items which upon examination were found to be cannabis. The accused persons were charged before the Chief Magistrate’s court for the offences of trafficking in narcotic drugs and psychotropic substances contrary to Section 4(a)(ii), operating a clandestine laboratory contrary to Section 5(b)(1)(a) and cultivation of prohibited plant contrary to Section 6(a)(b) of the Narcotic Drugs and Psychotropic Substances Act vide criminal case No. E360 of 2025.
That the applicant established that motor vehicle KAP 797G is registered in the name of the Respondent but it was purchased by the Italian National who was charged together with him.
Further that the title deeds for the two parcels of land namely Kwale/Mwabongo/S.S/224 measuring 0.160 HA and Kwale/Mwabongo/S.S/842 measuring 0.349HA were both registered in the name of the respondent.
That upon investigating the respondent’s bank account the applicant established that the respondent has been receiving money from the Italian national and when he was summoned he could not give a satisfactory explanation on the source of the money used to purchase the motor vehicle and the two parcels of land. The applicant states that it has every reason to believe that the respondent purchased the motor vehicle using proceeds from the trafficking of narcotics.
Having considered the foregoing, I am convinced that the applicant has established reasonable grounds on the basis of which the orders should issue. I hereby grant prayers (2), (3), (4), (5), (6), (7), (8) and (9) as prayed.
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L.M. NJUGUNA
JUDGE
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RULING
The court has been moved by the applicant vide the Originating motion dated the 16th September, 2025. The same is brought under Sections 81 & 82 of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 Rule 1 of the Civil Procedure Rules. The Applicant has sought for preservation orders to issue, among other orders, against the respondent and/or his employees, agents, or representatives acting on their behalf prohibiting the sale, transfer or disposal of or other dealings with motor vehicle registration number KAP 797G in the name of the respondent.
The application is supported by the annexed affidavit sworn by Isaac Nakitare who is an investigating officer with Assets Recovery Agency sworn on even date.
He deponed that, on the 27th August, 2025, the applicant received a duplicate file from the Anti-Narcotics Unit Directorate of Criminal Investigation on a suspected trafficking of narcotics, and pursuant to that information, the Agency opened an inquiry file No. 87 of 2025 to investigate the suspect’s activities and identify the assets that are believed to be proceeds of crime.
That on the 30th July, 2025 the DCI officers from the Anti-Narcotics Unit, received information about an Italian national identified as Giulio Giarnardi residing in Mwambungo within Ukunda who was involved in illegal cultivation, processing and trafficking of narcotics. That upon conducting a search in the compound, the officers found green leafy seedlings cultivated in small plastic bag containers and in the house, they found a drier, equipment and refrigerators and dried plant materials suspected to be narcotic drugs.
That the officers seized a sale agreement, two title deeds from the house of two parcels of land in the name of the respondent among other items which upon examination were found to be cannabis. The accused persons were charged before the Chief Magistrate’s court for the offences of trafficking in narcotic drugs and psychotropic substances contrary to Section 4(a)(ii), operating a clandestine laboratory contrary to Section 5(b)(1)(a) and cultivation of prohibited plant contrary to Section 6(a)(b) of the Narcotic Drugs and Psychotropic Substances Act vide criminal case No. E360 of 2025.
That the applicant established that motor vehicle KAP 797G is registered in the name of the Respondent but it was purchased by the Italian National who was charged together with him.
Further that the title deeds for the two parcels of land namely Kwale/Mwabongo/S.S/224 measuring 0.160 HA and Kwale/Mwabongo/S.S/842 measuring 0.349HA were both registered in the name of the respondent.
That upon investigating the respondent’s bank account the applicant established that the respondent has been receiving money from the Italian national and when he was summoned he could not give a satisfactory explanation on the source of the money used to purchase the motor vehicle and the two parcels of land. The applicant states that it has every reason to believe that the respondent purchased the motor vehicle using proceeds from the trafficking of narcotics.
Having considered the foregoing, I am convinced that the applicant has established reasonable grounds on the basis of which the orders should issue. I hereby grant prayers (2), (3), (4), (5), (6), (7), (8) and (9) as prayed.
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L.M. NJUGUNA
JUDGE
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