31/7/2025 (In Chambers)
Before Hon. Lady Justice L.M. Njuguna
Court Assistant – Wilson
RULING
The applicant has moved this court by way of the originating Motion dated the 29/7/2025 under Sections 81 and 82 of the proceeds of Crime and Anti-money Laundering Act and Order 51 rule 1 of the Civil Procedure Rules seeking preservation orders among others.
The application is based on the grounds set out on the body of the same, and it is supported by the annexed affidavit sworn by Duncan Odhiambo on the 29/7/2025.
The deponent avers that he is an investigator with the plaintiff. That he received information of a case of trafficking in narcotic drugs by conveying them in motor vehicle KBJ 679M involving Elisha Omondi Njeiya. The said Elisha was on the 19/7/2024, arrested at Mudomo trading centre within Samburu sub-county, Kwale County and was charged vide Mariakani Criminal case number E224 of 2024 with the offence of trafficking in 389.45 kilograms of Narcotic Drugs valued at Kshs. 11,638,500 by conveying them in motor vehicle registration number KBJ 679M.
That the narcotic drugs were dispatched to the government chemist for purposes of sampling and upon analysis they were found to be cannabis sativa, a narcotic drug under the Narcotic drugs and substances Control Act.
The applicant avers that preliminary investigations have established that the motor vehicle KBJ 679M is registered in the name of the Respondent but the same has been under the Control and possession of the Respondent’s husband one David Otieno Maira who has been arrested and charged with the offence of trafficking in narcotic drugs. That the motor vehicle registration number KBJ 679M was insured in the name of David Maira Otieno meaning that he had insurable interest to the aforesaid motor vehicle. That he is linked to the driver of motor vehicle registration KBJ 679M one, Elisha Omondi Njeiya,
The applicant believes that there are reasonable grounds to believe that the said motor vehicle is a proceed of Crime and an asset used for the commission of a crime. That if the orders sought for herein are not issued, there is an imminent risk that the said motor vehicle will be removed from the Jurisdiction of this Honourable court.
The court has considered the application and the supporting affidavit. The court is convinced that the applicant has established reasonable grounds on the basis of which the orders sought herein can be issued.
I hereby grant prayers (2) (3) and (4) of the application.
It is so ordered.
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L.M. NJUGUNA
JUDGE
31/7/2025
Before Hon. Lady Justice L.M. Njuguna
Court Assistant – Wilson
RULING
The applicant has moved this court by way of the originating Motion dated the 29/7/2025 under Sections 81 and 82 of the proceeds of Crime and Anti-money Laundering Act and Order 51 rule 1 of the Civil Procedure Rules seeking preservation orders among others.
The application is based on the grounds set out on the body of the same, and it is supported by the annexed affidavit sworn by Duncan Odhiambo on the 29/7/2025.
The deponent avers that he is an investigator with the plaintiff. That he received information of a case of trafficking in narcotic drugs by conveying them in motor vehicle KBJ 679M involving Elisha Omondi Njeiya. The said Elisha was on the 19/7/2024, arrested at Mudomo trading centre within Samburu sub-county, Kwale County and was charged vide Mariakani Criminal case number E224 of 2024 with the offence of trafficking in 389.45 kilograms of Narcotic Drugs valued at Kshs. 11,638,500 by conveying them in motor vehicle registration number KBJ 679M.
That the narcotic drugs were dispatched to the government chemist for purposes of sampling and upon analysis they were found to be cannabis sativa, a narcotic drug under the Narcotic drugs and substances Control Act.
The applicant avers that preliminary investigations have established that the motor vehicle KBJ 679M is registered in the name of the Respondent but the same has been under the Control and possession of the Respondent’s husband one David Otieno Maira who has been arrested and charged with the offence of trafficking in narcotic drugs. That the motor vehicle registration number KBJ 679M was insured in the name of David Maira Otieno meaning that he had insurable interest to the aforesaid motor vehicle. That he is linked to the driver of motor vehicle registration KBJ 679M one, Elisha Omondi Njeiya,
The applicant believes that there are reasonable grounds to believe that the said motor vehicle is a proceed of Crime and an asset used for the commission of a crime. That if the orders sought for herein are not issued, there is an imminent risk that the said motor vehicle will be removed from the Jurisdiction of this Honourable court.
The court has considered the application and the supporting affidavit. The court is convinced that the applicant has established reasonable grounds on the basis of which the orders sought herein can be issued.
I hereby grant prayers (2) (3) and (4) of the application.
It is so ordered.
............................
L.M. NJUGUNA
JUDGE
31/7/2025