The court has perused and considered the Originating Motion dated the 16th July 2026 brought under sections 81 and 82 of the Proceeds of Crime and Anti- Money Laundering Act 2009. The application is supported by the affidavit of Joel Saitoti dated 16.7.2026.
The deponent states that on 27.2.2024 the Agency received a police file from the DCI regarding a suspected trafficking in narcotic substances case involving Mohammed Guyo and his associates. The Agency investigated the activities of Mohammed Guyo and his associates, including the Respondent, to identify and trace assets or proceeds of crime acquired from illicit funds derived from the suspected trafficking in narcotic substances. The investigation led to a raid on a house in the Matungulu area at Kantafu, where 155 bundles of cannabis, wrapped in polythene bags, were recovered, weighing 698.819 kilograms and valued at about Kshs 20,964,570.00, and one vehicle, registration number KCY 421W, a yellow Howo petroleum tanker. Mohammed Guyo was subsequently charged on 7.3.2024 before the Magistrate’s Court at Kahawa with the offence of trafficking in narcotic drugs contrary to section 4 (a) (ii) of the Narcotic Drugs and Psychotropic Substance Act No. 4 of 1994. On 10.1.2025, the Agency obtained warrants to investigate the M-Pesa accounts of Mohammed Guyo and his associates, including the Respondent’s M-Pesa account on phone no. 0796694417. The investigations established suspicious deposits, circular transactions, unusual cross-border transactions, looped transfers, use of multiple accounts, smurfing, and unusual transaction volumes . These suspicions, including those relating to the Respondent’s M-Pesa account, all point to money laundering of suspected proceeds of crime. The Respondent's M-Pesa account received various amounts, as stated in paragraphs 18,19,20,21,22,23, and 24 of the applicant’s affidavit. The applicant further deposes that investigations at NTSA established that the Respondent is the registered owner of vehicle registration no. KDB 713R, a Toyota Probox, chassis number NCP160-0029273.
The applicant contends that there are reasonable grounds to believe that the subject Vehicle, registration no. KDB 713R, a Toyota Probox, was purchased using proceeds of crime acquired directly or indirectly, accumulated over a long period through suspected drug trafficking.
The applicant urges this court to make a preservation order, as the Respondent may dispose of, transfer, sell, and dissipate the said assets.
In the interests of justice, and having been satisfied that the applicant is deserving of the said orders sought herein, I hereby allow prayers 1, 2, 3, 4 and 5 of the application dated 16.7.2026. I make no order as to costs.
Dated, signed this 17th Day of July 2026.
R.E.OUGO
JUDGE
The deponent states that on 27.2.2024 the Agency received a police file from the DCI regarding a suspected trafficking in narcotic substances case involving Mohammed Guyo and his associates. The Agency investigated the activities of Mohammed Guyo and his associates, including the Respondent, to identify and trace assets or proceeds of crime acquired from illicit funds derived from the suspected trafficking in narcotic substances. The investigation led to a raid on a house in the Matungulu area at Kantafu, where 155 bundles of cannabis, wrapped in polythene bags, were recovered, weighing 698.819 kilograms and valued at about Kshs 20,964,570.00, and one vehicle, registration number KCY 421W, a yellow Howo petroleum tanker. Mohammed Guyo was subsequently charged on 7.3.2024 before the Magistrate’s Court at Kahawa with the offence of trafficking in narcotic drugs contrary to section 4 (a) (ii) of the Narcotic Drugs and Psychotropic Substance Act No. 4 of 1994. On 10.1.2025, the Agency obtained warrants to investigate the M-Pesa accounts of Mohammed Guyo and his associates, including the Respondent’s M-Pesa account on phone no. 0796694417. The investigations established suspicious deposits, circular transactions, unusual cross-border transactions, looped transfers, use of multiple accounts, smurfing, and unusual transaction volumes . These suspicions, including those relating to the Respondent’s M-Pesa account, all point to money laundering of suspected proceeds of crime. The Respondent's M-Pesa account received various amounts, as stated in paragraphs 18,19,20,21,22,23, and 24 of the applicant’s affidavit. The applicant further deposes that investigations at NTSA established that the Respondent is the registered owner of vehicle registration no. KDB 713R, a Toyota Probox, chassis number NCP160-0029273.
The applicant contends that there are reasonable grounds to believe that the subject Vehicle, registration no. KDB 713R, a Toyota Probox, was purchased using proceeds of crime acquired directly or indirectly, accumulated over a long period through suspected drug trafficking.
The applicant urges this court to make a preservation order, as the Respondent may dispose of, transfer, sell, and dissipate the said assets.
In the interests of justice, and having been satisfied that the applicant is deserving of the said orders sought herein, I hereby allow prayers 1, 2, 3, 4 and 5 of the application dated 16.7.2026. I make no order as to costs.
Dated, signed this 17th Day of July 2026.
R.E.OUGO
JUDGE