High Court Orders Freeze on 9 Motor Vehicles in Money Laundering Case

Vehicles at an auction
Vehicles at an auction
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Motor Trader

The High Court has ruled in favour of the Assets Recovery Authority (ARA) in five money laundering cases involving local business owners.

In separate rulings published in the Kenya Gazette on Friday, High Court judges issued preservatory orders barring the business owners from accessing their vehicles and money in local backs.

According to the court documents, the owners have been given seven days to surrender their original logbooks of the motor vehicles. The vehicles, on the other hand, should be surrendered to the authority's headquarters at the UAP Old Mutual Towers.

Additionally, the National Transport and Safety Authority (NTSA) has also been asked to register caveats against motor vehicles.

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NTSA road safety compliance checks within Machakos town on March 31, 2024.
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NTSA

In one of the cases, Lady Justice Esther Maina issued orders prohibiting the suspect, his employees, agents, or representatives from accessing the property for either sale, transfer or disposal. The vehicles include a pickup and a Toyota Fielder.

"The preservation orders shall be for a period of 90 days as provided in section of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA)," read part of the ruling.

Justice Esther Maina in the second case issued the orders prohibiting access of two vehicles and a piece of land in Mavoko Municipality.  

"That a preservation order be and is hereby issued against the Respondent, their employees, agents or representatives acting on their behalf prohibiting the sale, transfer, or disposing of or other dealings with the motor vehicle," read part of the judge's ruling.

Other rulings were made by Justice Nixon Sifuna. In the first case, he issued the orders on four motorcycles barring any employee, agent or representative of the suspect from accessing the cars.

In the second case, Justice Sifuna announced a 90-day freeze order on one vehicle owned by a business owner also charged with money laundering.

Justice Sifuna, in the last court case involving a business owner and a local company, issued orders freezing over Ksh8.5 million in a local bank, and an apartment unit located along Eldama Ravine road.

"Take notice that if you, the above-named respondents or your servants/agents disobey this order, you will be cited for contempt of court and shall be liable to imprisonment for a period of not more than six months," Alice Mate, the ARA Director stated.

High_Court_judge_Prof_Nixon_Sifuna_being_sworn_in at Sate House, Nairobi on December 2022
High_Court_judge_Prof_Nixon_Sifuna_being_sworn_in at Sate House, Nairobi on December 2022
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Kenyans.co.ke
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