The High Court has ordered the forfeiture of six vehicles linked to a multi-million-shilling narcotics syndicate in Nairobi.
Justice Rose Ougo ruled that the vehicles owned by Cecilia Nyathira Wanjiru, Roba Hassan Boru Abdinur and Mohammed Juma Guyo were proceeds of crime.
The determination follows a case filed by the Assets Recovery Agency in June 2024.
Hassan and Guyo were arrested while on their way to collect a Toyota Rumion believed to have been carrying drugs from Wanjiru's home in Thika.
Police searched the vehicle and the house, recovering 182kg of bhang from the car and about two kilos more from inside the property. The drugs had a combined street value exceeding Sh5.5 million.
Investigations showed Wanjiru owned a Toyota Fielder while Hassan owned four vehicles including the Toyota Rumion, a Prado, a pick-up and a lorry. Guyo owned a Toyota station wagon.
The agency argued the respondents had no legitimate businesses that could explain how they afforded so many vehicles.
Bank records showed large cash deposits and transfers from people suspected of drug trafficking, including a convicted trafficker.
The respondents denied the allegations.
Wanjiru said the agency had failed to provide evidence linking her vehicle to crime while Hassan argued that owning a vehicle does not make someone guilty unless there is proof they knew it was being used unlawfully.
Guyo, who faces separate drug charges, said he was presumed innocent until proven guilty.
Justice Ougo ruled that civil forfeiture cases do not require proof beyond a reasonable doubt.
The judge cited a Court of Appeal decision which held that the objective of the law is not to punish criminals but to take away the profits of crime.
The judge also noted that the constitution does not protect property that has been unlawfully acquired.
The court found the respondents' explanations unconvincing even though they produced no tax records, audited accounts or business documents to prove their income came from legitimate sources.
Some permits they relied on were found to be forged.
The judge said the evidence showed a clear pattern of unexplained wealth, structured cash deposits and financial links to known drug traffickers.
The court declared all six vehicles proceeds of crime and forfeited them to the government.
The National Transport and Safety Authority was ordered to transfer ownership to the Assets Recovery Agency.
