The Agency Director, Assets Recovery Agency v Cecilia Nyathira Wanjiru & 2 others

Agency Director, Assets Recovery Agency v Wanjiru & 2 others (Miscellaneous Application E050 of 2024) [2024] KEHC 16723 (KLR) (Anti-Corruption and Economic Crimes) (18 October 2024) (Ruling) Neutral citation: [2024] KEHC 16723 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) ANTI-CORRUPTION AND ECONOMIC CRIMES MISCELLANEOUS APPLICATION E050 OF 2024 BM MUSYOKI, J OCTOBER 18, 2024 BETWEEN THE AGENCY DIRECTOR, ASSETS RECOVERY AGENCY ........... APPLICANT AND CECILIA NYATHIRA WANJIRU ................................................ 1ST RESPONDENT MOHAMMED JUMA GUYO ....................................................... 2ND RESPONDENT ROBA HASSAN BORU ABDINUR ............................................ 3RD RESPONDENT RULING 1. I have gone through the application dated 15/10/2024 and supporting affidavit of Mohamed Hussein sworn on 15/10/2024 and annexures thereto. I am satisfied that the application is urgent and shall be heard forthwith. 2. It is claimed that respondents have reasonably been suspected to be involved in drug trafficking contrary to Section 4(a)(ii) of the Narcotics Drugs and Psychotropic Substances (Control) Act, number 4 of 1994. The motor vehicles listed in the application and which are sought to be preserved are subject to forfeiture to the state in the event the respondents are convicted or it is otherwise proved to the satisfaction of the court that they are proceeds of crime or the respondents cannot explain their source. 3. I also note that the law allows issuance of orders exparte. In the circumstances, I am satisfied that the application dated 15/10/2024 is merited and it is hereby allowed in terms of prayers 2, 3, 4, and 5 thereof. I make no orders as to costs. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16723/eng@2024-10-18 1

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