Assets Recovery Agency VS SALIM KILANGA MWINYI alias MWINYI SEIF SALIM

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION

ACEC MISC. NO. E058 OF 2024

ASSETS RECOVERY AGENCY..…..............................................APPLICANT

VERSUS

SALIM KILANGA MWINYI alias MWINYI SEIF SALIM.............. RESPONDENT

PROCEEDINGS

22/11/2024 (IN CHAMBERS) 

Before Hon. Justice B M Musyoki (J)

Court Assistant – Jael

RULING

The Respondent is said to have been arrested on 13/4/2024 on suspicion of dealing with and trafficking in narcotic substances.  His residence was searched and Kshs.1,327,000/- and USD 3,610 recovered together with 170 grams of a substance which after being subjected to test and examination was confirmed to be heroin.  He has since been charged in Mombasa Chief Magistrate Criminal Case Number E790 of 2024.  The applicant has exhibited the test results report of the substance, certificate of search, exhibit memo and a charge sheet in the criminal case.

Although the Applicant has not told the court the current status or stage of the proceedings, there is reasonable believe that the money seized from the Respondent are proceeds of crime.

For the Applicant to bring this nature of application, it is assumed that it has ascertained that the money seized from the Respondent is in genuine currency as it being not genuine puts it in a precarious position. 

Having said the above, I am convinced that the application is merited and lays good basis for granting of the prayers sought. Consequently, I proceed to grant the following orders: -

1. The sum of Kshs.1,327,000/- and USD 3,610.00 in possession of Directorate of Criminal Investigations, Anti-Narcotics Unit Moi International Airport found in possession and seized from the Respondent is hereby preserved.
2. The aforesaid sum shall be deposited in the Criminal Assets Recovery Fund Kshs. Account Number 1240221339 and USD Account 1292910038 held at KCB Bank Ltd, KICC Branch.
3. The Applicant shall comply with the law in terms of gazetting of this order particularly Section 84(1) of the Proceeds of Crime and Anti-Money Laundering Act.
4. The lifespan of this order shall be in accordance with Section 84 of the Proceeds of Crime and Anti- Money Laundering Act.  This file is closed.

Delivered at Nairobi this     22^nd           day of        November          2024.

SIGNED

B.M. MUSYOKI

JUDGE

22/11/2024