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GAZETTE NOTICE NO. 11203

GAZETTE NOTICE NO. 11203

THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

(No. 9 of 2009)

DECLARATION


IN EXERCISE of the powers conferred by section 92 (5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Registrar High Court gives notice to:- Abdi Mohamed Ali and Saadia Sheikh Osman, THAT the High Court has issued Forfeiture Orders in High Court Miscellaneous Application (Anti-Corruption and Economic Crimes Division) No. 19 of 2020 as specified in the Schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES COURT MISCELLANEOUS APPLICATION NO. 19 OF 2020 In the Matter of: An application by the Assets Recovery Agency for orders under section 90 and 92 of the Proceeds of Crime and Anti-Money Laundering Act read together with Order 51 of the Civil Procedure and In the Matter of: Forfeiture orders for KSh. 40,806,532.00 held in Account No. 1000261282741 in the name of Abdi Mohamed Ali at Equity, Mandera Branch. and Between The Assets Recovery Agency (Applicant) Versus (1st Respondent) (2nd Respondent) IN COURT ON 14TH JULY, 2021 BEFORE HON. LADY JUSTICE J. WAKIAGA DECREE CLAIM FOR IN THE ORIGINATING MOTION. THAT this Honourable Court do issue orders declaring that the funds held in the following bank Accounts are proceeds of crime and liable for forfeiture to the Government. (i) KSh. 40,806,532.00 held in account No. 1000261282741 in the name of Abdi Mohamed Ali at Equity, Mandera Branch. (ii) KSh. 21,448,100.00 held in account No. 0580277482028 held in the joint names of Abdi Mohamed Ali and Saadia Sheikh Osman at Equity Bank, Mandera Branch. (iii) This honourable Court do issue forfeiture orders forfeiting the said funds to the government and transferred to the appellants. (iv) This court do make any other ancillary orders it considers appropriate to facilitate the transfers of the property forfeited to the Government. THIS MATTER coining up for hearing for the Originating Motion dated 2nd July, 2020, on 24th May, 2021, before Hon. Lady Justice Mumbi Ngugi in the pretence of Counsel for the Applicant and Counsel for the Respondents and upon hearing Counsel for the applicant and coiunsel for the respondents and whereas this matter coming up for Judgement on 14th July, 2021 before Hon. Lady Justice Mumbi Ngugi and delivered by Hon. Justice J. Wakiaga: IT IS HEREBY DECREED: 1. THAT a declaration be and is hereby issued that the funds held in the following bank accounts are proceeds of crime and liable for forfeiture to the government: (i) KSh. 40,806,532.00 held in account No. 1000261282741 in the name of Abdi Mohamed Ali at Equity, Mandera Branch. (ii) KSh. 21,448,100.00 held in account No. 0580277482028 held in the joint names of Abdi Mohamed Ali and Saadia Sheikh Osman at Equity Bank, Mandera Branch. 2. THAT an Order be and is hereby issued that the funds the subject of order 1 above be and are hereby forfeited to the state and transferred to the agency. 3. THAT the respondent shall bear the cost of this application. GIVEN Under my Hand and Seal of this Honourable Court on this 14th day of July, 2021. JUSTICE JAMES WAKIAGA, ISSUED at NAIROBI this 14TH day of JULY 2021 DEPUTY REGISTRAR, ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION HIGH COURT OF KENYA, NAIROBI. Abdi Mohamed Ali Saadia Sheikh Osman KSh. 21,448,100.00 held in Account No. 0580277482028 held in the joint names of Abdi Mohamed Ali and Saadia Sheikh Osman at Equity Bank, Mandera Branch Dated the 12th October, 2021. JUDY OMANGE, Registrar, High Court of Kenya.

Dated the 12th October, 2021.

JUDY OMANGE,

Registrar, High Court of Kenya.

Extracted Entities (2)

case_number

19 OF 2020

previous_gazette_ref

11203

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 92 (5)
Signed By
JUDY OMANGE
Title
Registrar, High Court of Kenya
Date Signed
12th October 2021
Page
14
Extraction Method
regex