PROCEEDS OF CRIME

Court orders seizure of cars used by drug trafficking suspects

The accused also directed to surrender the original logbooks.

In Summary

• Judge also directed the Director General of the National Transport and Safety Authority to register a caveat against the records of the vehicles.

• The accused were on May 24 last year arrested by DCI officers while allegedly trafficking narcotic drugs using one of the vehicles in Isiolo county.

Milimani law courts
Milimani law courts
Image: FILE

The High Court has ordered the seizure of two vehicles belonging to businessmen arrested in May last year while allegedly trafficking narcotics worth Sh3 million.

Justice Hedwig Ong’undi also directed Barak Boru, Mohammed Abdirahim, Mohamed Adan and Momanyi Dennis (respondents) to surrender the original logbooks of the vehicles.

She also directed the Director General of the National Transport and Safety Authority to register a caveat against the records of the vehicles.

The accused were on May 24 last year arrested by DCI officers while allegedly trafficking narcotic drugs using one of the vehicles in Isiolo county.

During the arrest, a search was conducted and 21 bundles of plant substance suspected to be narcotic drugs were found concealed in the vehicle.

Barak, Abdirahim and Adan have since been charged with trafficking cannabis sativa with a street value of Sh3 million.

The court granted the order after the Assets and Recovery Agency argued that the assets having been procured using proceeds from illicit trade and used for commission of a crime, the assets are liable for confiscation by the state under the Proceeds of Crime and Anti-Money Laundering Act.

“There’s danger that the respondents and Equity Bank (listed as an interested party) may transfer or dispose of the said asset as there are no court orders currently preserving the assets at issue."

Senior state counsel Irari Mercy Faith told court that they received information on ongoing criminal investigations by the Directorate of Criminal Investigations involving trafficking of narcotics and proceeds of crime.

The agency conducted an investigation, identified and traced assets belonging to Boru, Abdirahim and Adan who had been charged in court with the offence of trafficking in narcotic drugs.

According to court documents, one of the vehicles was in their possession and was seized whilst transporting drugs on May 24 last year on Merti-Isiolo-Gotu-Merti junction within Isiolo. It was registered in the name of momanyi and Equity Bank.

The other vehicle was registered in the name of Bank Abdullahi Boru and First Community Bank.