This is an application by Assets Recovery Agency for preservation of motor vehicle KDV 627S which is registered to the respondent. The same is supported by affidavit of John Mark Nyikin an investigator working with the applicant.
It is deponed that the vehicle was intercepted by police officers from Metkei police station in Keiyo South Sub County while transporting green plant material which after tests was found to be cannabis sativa which is a prohibited drug. This was on 18/1/2026.
The occupant of the vehicle one Vincent Odhiambo was subsequently charged in Iten Chief Magistrate’s Court vide criminal case number E237 of 2026 with offence of trafficking in narcotic drugs and psychotropic substances contrary to Section 4(a) (ii) of the Narcotic Drugs & Psychotropic Substance (Control Act).
The respondent heeded summons by the applicant and his explanation of the acquisition of the motor vehicle was not satisfactory. In my view, the fact that the motor vehicle was found to be conveying prohibited drugs alone makes the vehicle liable for forfeiture. This is because conveying drugs is a criminal offence which means that the vehicle was being used to commit an offence known in law.
In the premises, I find the application merited and I proceed to grant it in terms of prayers 2, 3, 4 and 5 of the originating motion dated 9 th March 2026. The file is closed.
Dated, signed and delivered at Nairobi this 10 th day of March 2026.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT .
It is deponed that the vehicle was intercepted by police officers from Metkei police station in Keiyo South Sub County while transporting green plant material which after tests was found to be cannabis sativa which is a prohibited drug. This was on 18/1/2026.
The occupant of the vehicle one Vincent Odhiambo was subsequently charged in Iten Chief Magistrate’s Court vide criminal case number E237 of 2026 with offence of trafficking in narcotic drugs and psychotropic substances contrary to Section 4(a) (ii) of the Narcotic Drugs & Psychotropic Substance (Control Act).
The respondent heeded summons by the applicant and his explanation of the acquisition of the motor vehicle was not satisfactory. In my view, the fact that the motor vehicle was found to be conveying prohibited drugs alone makes the vehicle liable for forfeiture. This is because conveying drugs is a criminal offence which means that the vehicle was being used to commit an offence known in law.
In the premises, I find the application merited and I proceed to grant it in terms of prayers 2, 3, 4 and 5 of the originating motion dated 9 th March 2026. The file is closed.
Dated, signed and delivered at Nairobi this 10 th day of March 2026.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT .