GAZETTE NOTICE NO. 12833

IN EXERCISE of the powers conferred by section 83 (1) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Agency Director gives notice to— Phylis Njeri Ngirita, Lucy Wambui Ngirita, Jeremiah Gichini Ngirita, Platinum Credit Limited, Opportunity International Wedco Limited, that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. 55 of 2018 as specified in the Schedule hereto. SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MILIMANI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION CIVIL APPLICATION NO. 55 OF 2018 In the Matter of: An application for orders under sections 81 and 82 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) as read together with order 51 of the Civil Procedure Rules. And In the Matter of: Preservation Orders for motor vehicles registration numbers KCH 753U, KCH 600H and KCH 889M; and land title No. Waitaluk/Mabonde Block 12/Sirende/410, title No. Naivasha/Municipality Block 2/884, title No. L.R. 8208/4 Nakuru East, title No. Njoro/Ngata Block 1/7436 and title No. Naivasha/Mwichiringiri Block 4/22367 Between Assets Recovery Agency………………………………….applicant Versus Phylis Njeri Ngirita…………………………............1st respondent Lucy Wambui Ngirita……………………………....2nd respondent Jeremiah Gichini Ngirita………….……………….. 3rd respondent 14th December, 2018 THE KENYA GAZETTE and Platinum Credit Limited………………..….............Interested Party Opportunity International Wedco Limited......…….Interested Party In Chambers on 3rd December, 2018 Before Hon. Lady Justice H. I. Ong’udi ORDER UPON READING the Notice of Motion Application dated 30th November, 2018 and presented to this Court on the same date by the Counsel for the Applicant under sections 81 and 82, of the Proceeds of Crime and Anti-Money Laundering Act and Order 51 Rule 1 of the Civil Procedure Rules; and upon reading the Affidavit sworn by Fredrick Musyoki in support of the Notice of Motion application together with the annextures thereto and whereas this matter coming up ex-parte in chambers before the Honourable Lady Justice H. I. Ong’udi; IT IS HEREBY ORDERED: 1. THAT the application dated 3rd December, 2018 is certified as urgent. 2. THAT a Preservation Order is granted against each one of the Respondents and or their employees, agents, servants or any other persons acting on their behalf prohibiting the sale transfer or disposal off or other dealings with the following motor vehicles; (i) KCH 753U Toyota Station Wagon, 2009 green in colour registered in the name of the 1st Respondent and Opportunity International WEDCO Limited; (ii) KCH 600H Toyota Station Wagon, 2016 blue in colour registered in the name of the 2nd Respondent and Platinum Credit Limited; (iii) KCH 889M, Toyota Pickup, 2016 silver in colour registered in the name of the 3rd Respondent and Platinum Credit Limited. 3. THAT the Respondents be directed to surrender the original logbooks of the motor vehicles and the motor vehicles specified in prayer 2 above to the Applicant within seven (7) days herein. 4. THAT an order directing the Director-General of National Transport and Safety Authority to register a caveat against the records of each of the motor vehicles specified in order 2 above. 5. THAT an order of preservation be granted prohibiting the Respondents and or their employees, agents, servants or any other persons acting on their behalf from dealing in any manner with the following parcels of land, all development, improvements and structures thereon; (i) Title No. Waitaluk/Mabonde Block 12/Sirende/410 measuring 0.70HA registered in the name of Sylvia Ajiambo Ongoro but sold to the 2nd Respondent vide Sale Agreement dated 2nd June, 2016. Situated within Trans Nzoia County. (ii) Title No. Naivasha/Municipality Block 2/884 measuring 0.2305ha, being leasehold from the County Government of Nakuru for the term of 99 years from 1st September 2014, sold by the vendor New Hope for all Nations Church to the 2nd Respondent vide sale agreement dated 8th July, 2016. (iii) Title No. L.R. 8208/4 Nakuru East measuring quarter of an acre registered in the name of John Wachira Wahome but sold to the 2nd Respondent vide sale agreement dated 25th April 2017. (iv) Title No. Njoro/Ngata Block 1/7436, approximate area 0.0840ha. subdivision of P/NO. 3283 registered in the name of Robin M. Aondo but sold to the 3rd Respondent vide sale agreement dated 28th October, 2016. Situated in Kiamunyi, Nakuru County. (v) Title No Naivasha/Mwichiringiri Block 4/22367 approximate area 0.0450, subdivision of P/NO. 17217 registered in the name of the 3rd Respondent. Registered on 1st July 2016. 6. THAT an order directing the Chief Land Registrar do issue to register a caveat against the records of each of the properties specified in prayer 5 above 7. THAT the orders be served upon the following persons. (i) Director-General, National Transport and Safety Authority (ii) Registrar of Lands, Kitale, Naivasha and Nakuru 8. THAT the applicant to comply with section 83 of Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) GIVEN under my hand and the seal of the Honourable Court this 3rd December, 2018 Dated the 4th December, 2018. DEPUTY REGISTRAR, The High Court of Kenya, Nairobi. PENAL NOTICE TAKE NOTICE that if you, the above named respondents or your servants/agents disobey this order, you will be cited for contempt of court and shall be liable to imprisonmesnt for a period of not more than six months. Dated the 7th December, 2018. MUTHONI KIMANI, MR/5800216 Director, ARA.