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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
Source Gazette
Vol. CXXIII No. 215
Published 1st March 2021