Judge Nixon Sifuna Orders Freeze on 12 High-end Cars in Drug Probe

Photo of Vehicles loaded on a car haulier captured on September 2019
Photo of Vehicles loaded on a car haulier captured on September 2019.
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IndiaMart

The High Court in Nairobi has allowed the Assets Recovery Agency (ARA) to seize 12 high-end vehicles pending probe after the state agency argued they are proceeds of the drug trade.

Justice Nixon Sifuna ordered the National Transport and Safety Authority (NTSA) to block the possible transfer of the vehicles and further froze Ksh2.5 million belonging to the suspects.

ARA had moved to court to seek preservation orders pending a forfeiture case.

A forfeiture means that the assets would be surrendered to the government. 

High Court Judge Prof Nixon Sifuna being sworn in
High Court Judge Prof Nixon Sifuna being sworn in
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Judiciary

"I am satisfied that this is a case that warrants the preservation orders as sought," Sifuna noted. 

According to ARA, the suspect came under the radar of the agency after his brothers were charged with drug trafficking.

The judge has instructed the Directorate of Criminal Investigations (DCI) to hold the vehicles at their Kiambu Road headquarters pending the determination of the case.

ARA in court disclosures argued that the suspects failed to explain the source of huge cash movements, raising alarm bells that they could be proceeds of crime.

ARA argued in court that the brothers moved at least Ksh63 million between last year and September this year, which did not reconcile with the explanation given by the suspects that they were earnings from salary and consultancy.

Cases of drug trade and unexplained outsized transactions have been on the rise, with authorities linking some to top politicians and business people.

Banks and regulators require customers to explain the source of money for any transaction above a million shillings to curb the flow of illicit cash. 

Kenya has been cited by foreign powers including the United States to be vulnerable to drug trade and money laundering due to weak controls and corruption. 

File photo of Milimani Law Courts in Nairobi
File photo of Milimani Law Courts in Nairobi.
Photo
Judiciary of Kenya
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