The court has been moved by way of the Originating Motion dated the 21st July 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.
The application is premised on the grounds set out on the body of the same and it is supported by the annexed affidavit sworn by Duncan Odhiambo on even date. The applicant has sought for preservation orders among other orders as set out in the application.
The applicant avers that pursuant to the information the agency received from the Anti-Narcotics Unit Directorate of Criminal Investigations on a suspected trafficking of narcotics, it opened an inquiry file No.33 of 2024 to investigate the suspect’s activities and identify the assets that are believed to be proceeds of crime.
That the D.C.I officers from Anti-Narcotics Unit while acting on intelligence information, arrested four suspects among them Haggai Anekeya Oniango, Mario Amukula Anekeya and the 2nd respondent herein on suspicion of trafficking in narcotic drugs within Mutalia area in Malaa and Kamulu areas. Upon conducting a search in their respective houses, the officers recovered dry plant materials suspected to be narcotic drugs.
The applicant avers that the officers seized two motor vehicles registration numbers KDM 397U, Mazda CX-5 and KCY 408L Suzuki Swift which were parked in one of the suspect’s homes and the other one was recovered in a nearby petrol station.
The contents that were recovered were examined and weighed and were found to be cannabis and on the 5th February 2024, they were charged before the Chief Magistrates Court at JKIA for the offence of trafficking in narcotic drugs and psychotropic substances vide criminal case number E014 of 2024.
That upon conducting a search, the applicant established that motor vehicle KDM 397U is registered under the name of the 1st respondent but it was purchased from the 2nd Respondent on hire purchase terms and KCY 408L is registered under the name of the 2nd Respondent.
That the Respondents were summoned by the Applicant to explain the circumstances surrounding the motor vehicles but have failed to give satisfactory explanation on the sources of the funds used in the purchase of the motor vehicles. Therefore, there is every reason to believe that the respondents purchased the vehicles using proceeds from the trafficking of the narcotics.
That there is need for the court to grant preservation order as there is imminent risk that the motor vehicles will be disposed off or removed from the jurisdiction of this Honourable Court.
This court has considered the application and the facts that have been set out in the annexed supporting affidavit, and in my considered view, the applicant has established reasonable grounds to warrant the orders sought.
In the end, I do hereby allow prayers (2), (3), (4) and (5) of the application.
It is so ordered.
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L.M. NJUGUNA
JUDGE
22/7/2025
The application is premised on the grounds set out on the body of the same and it is supported by the annexed affidavit sworn by Duncan Odhiambo on even date. The applicant has sought for preservation orders among other orders as set out in the application.
The applicant avers that pursuant to the information the agency received from the Anti-Narcotics Unit Directorate of Criminal Investigations on a suspected trafficking of narcotics, it opened an inquiry file No.33 of 2024 to investigate the suspect’s activities and identify the assets that are believed to be proceeds of crime.
That the D.C.I officers from Anti-Narcotics Unit while acting on intelligence information, arrested four suspects among them Haggai Anekeya Oniango, Mario Amukula Anekeya and the 2nd respondent herein on suspicion of trafficking in narcotic drugs within Mutalia area in Malaa and Kamulu areas. Upon conducting a search in their respective houses, the officers recovered dry plant materials suspected to be narcotic drugs.
The applicant avers that the officers seized two motor vehicles registration numbers KDM 397U, Mazda CX-5 and KCY 408L Suzuki Swift which were parked in one of the suspect’s homes and the other one was recovered in a nearby petrol station.
The contents that were recovered were examined and weighed and were found to be cannabis and on the 5th February 2024, they were charged before the Chief Magistrates Court at JKIA for the offence of trafficking in narcotic drugs and psychotropic substances vide criminal case number E014 of 2024.
That upon conducting a search, the applicant established that motor vehicle KDM 397U is registered under the name of the 1st respondent but it was purchased from the 2nd Respondent on hire purchase terms and KCY 408L is registered under the name of the 2nd Respondent.
That the Respondents were summoned by the Applicant to explain the circumstances surrounding the motor vehicles but have failed to give satisfactory explanation on the sources of the funds used in the purchase of the motor vehicles. Therefore, there is every reason to believe that the respondents purchased the vehicles using proceeds from the trafficking of the narcotics.
That there is need for the court to grant preservation order as there is imminent risk that the motor vehicles will be disposed off or removed from the jurisdiction of this Honourable Court.
This court has considered the application and the facts that have been set out in the annexed supporting affidavit, and in my considered view, the applicant has established reasonable grounds to warrant the orders sought.
In the end, I do hereby allow prayers (2), (3), (4) and (5) of the application.
It is so ordered.
..................................
L.M. NJUGUNA
JUDGE
22/7/2025