' The application before me is seeking to preserve and seize motor vehicle registration number KDR 973C allegedly belonging to the respondent but registered to the interested party. The same is supported by affidavit of the applicant’s investigator one Duncan Odhiambo sworn on 2/12/2025.
I have read the application and the supporting affidavit together with annexures thereto. It is apparent that the applicant bought the motor vehicle through his mobile telephone line between 22/10/2024 and 22/4/2025 from the interested party. He was arrested after he was found with plant materials which after being subjected to test was found to be cannabis. Further investigations revealed that the respondent has transacted with other people who were arrested and charged with the offence of trafficking narcotic drugs. The respondent has been charged in Malindi Chief Magistrate’s Court criminal case number E375 OF 2025.
In addition to the above, the respondent has been linked to the following person who are also charged in various cases with offence of trafficking narcotics;
Irene Auma Odero who is facing charges in Kwale Chief Magistrate’s Criminal case number E374 of 2024.
Hamisi Omar Mwafrika who has been charged together with Auma Odero.
David Otieno and Davis Achieng Adika who are associates of Auma Odero and have been charged in Shanzu Chief Magistrate’s criminal case number E620 OF 2024.
Further, the respondent is also facing another charge in Narok Chief Magistrate’s Criminal case number E1326 OF 2021 which is also related to trade in cannabis.
With the above in mind, I am convinced that the applicant has made out a case for preservation of the motor vehicle.
I consequently allow the application dated 2/12/2025 in terms of prayer 2, 3, 4 and 5 thereof. There will be no orders as to costs.
Dated, signed and delivered at Nairobi this 4 th day of December 2025.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT.
'
I have read the application and the supporting affidavit together with annexures thereto. It is apparent that the applicant bought the motor vehicle through his mobile telephone line between 22/10/2024 and 22/4/2025 from the interested party. He was arrested after he was found with plant materials which after being subjected to test was found to be cannabis. Further investigations revealed that the respondent has transacted with other people who were arrested and charged with the offence of trafficking narcotic drugs. The respondent has been charged in Malindi Chief Magistrate’s Court criminal case number E375 OF 2025.
In addition to the above, the respondent has been linked to the following person who are also charged in various cases with offence of trafficking narcotics;
Irene Auma Odero who is facing charges in Kwale Chief Magistrate’s Criminal case number E374 of 2024.
Hamisi Omar Mwafrika who has been charged together with Auma Odero.
David Otieno and Davis Achieng Adika who are associates of Auma Odero and have been charged in Shanzu Chief Magistrate’s criminal case number E620 OF 2024.
Further, the respondent is also facing another charge in Narok Chief Magistrate’s Criminal case number E1326 OF 2021 which is also related to trade in cannabis.
With the above in mind, I am convinced that the applicant has made out a case for preservation of the motor vehicle.
I consequently allow the application dated 2/12/2025 in terms of prayer 2, 3, 4 and 5 thereof. There will be no orders as to costs.
Dated, signed and delivered at Nairobi this 4 th day of December 2025.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT.
'