The International Criminal Police Organization (Interpol)-Kenya and the Directorate of Criminal Investigations (DCI) are at the centre of a court battle pitting five traders over ownership of a Sh52 million copper scrap metal consignment seized on trans-ship from Juba, South Sudan.
A trading company, Twinkle Consolidated Services Limited, has filed a case at the High Court in Nairobi seeking orders to compel the DCI to release the consignment, which was destined for Nairobi.
The goods valued at $410,000 (Sh52.7 million) were confiscated at the Busia border point on June 15, 2025, while on transit from Juba to Nairobi through Uganda.
Twinkle claims that the goods were procedurally and legally cleared by the South Sudan revenue authority and customs at Nimule border point and later by the Uganda revenue authority at Elegu border point.
Through its operations director, Jamil Kafumbe, a Ugandan national, the company says the imported consignment, packed in two trucks, was also allowed to cross over to the Kenyan Revenue Authority customs in Busia, and was cleared to commence its journey to Nairobi.
However, Mr Kafumbe alleges that shortly later, they were impounded by officers from the DCIO Busia.
This followed allegations that there was a complaint indicating that the goods had been stolen in Juba before being sold to the company. At first report of the alleged theft was made to the Uganda revenue authority before being repeated to the Kenyan police in Busia.
"As the trucks were on their way from the Kenyan Busia border they were stopped and impounded by the officers from the DCI Office in Busia on grounds that the alleged complainant had again lodged a complaint at the Busia Police station vide OB No.39/12/7/2025 whom the Plaintiff/Applicant through its directors came to know that it was the 4th Defendant/Respondent (Khalid Muhamud)," narrates Mr Kafumbe.
His affidavit outlines that three other entities -Sarcard General Trading Company Limited, 3 Shenton Way and Empower Women Co. Limited -are also claiming a stake in the goods.
The trucks were grounded at the Busia DCI Offices yard and the drivers, together with three other people who were escorting the consignment, were arrested and placed under custody, though they were later released on cash bail of Sh10,000 each.
Mr Kafumbe further alleges that on July 18, the trucks were driven from Busia to DCI headquarters in Nairobi by drivers hired by Interpol. This happened without the company's knowledge, he says.
The move prompted court action, where Twinkle has sued the Attorney General, Interpol Kenya, DCIO Busia and Khalid Muhamud. Also sued are the three other companies.
It has applied for a declaration that it is the rightful owner of the consignment, an immediate injunction stopping any third party from claiming the cargo and orders compelling the DCI to release the detained scrap copper metal.
"It is therefore crystal clear that apart from the collusion between the DCI Office in Busia and the complainants there is a further collusion between the officers from the sixth defendant (Interpol Kenya) office whom have also entered into the scheme to deprive the Plaintiffs/Applicants ownership of the consignment for dubious interest with the intention of adversely dealing with the same," says the company.
The company argues that the goods were lawfully purchased and the interception by the DCI and Interpol was based on false claims of theft.
The case is scheduled to be mentioned on July 30, 2025, at the High Court in Milimani before Justice Alnasir Visram. The respondents have yet to file their responses.
