GAZETTE NOTICE NO. 8391

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— Kiwipay Kenya Limited that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E28 of 2022 as specified in the Schedule hereto. REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS APPLICATION NO. E28 OF 2022 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 OF FUNDS OF: (i) USD 18,381,118.9 HELD IN ACCOUNT NO. 6682003059 AT ECO BANK KENYA LIMITED IN THE NAME OF KIWIPAY KENYA LIMITED. (ii) USD 1,100,000 HELD IN ACCOUNT NO. 6682003378 AT ECO BANK KENYA LIMITED IN THE NAME OF KIWIPAY KENYA LIMITED. BETWEEN ASSETS RECOVERY AGENCY Applicant VERSUS KIWIPAY KENYA LIMITED Respondent IN CHAMBERS ON 24TH JUNE, 2022 BEFORE HON. LADY JUSTICE E.N. MAINA ORDER THIS MATTER COMING UP before Honourable Lady Justice E. Maina on 24th June, 2022 for directions of the Originating Motion dated 23rd June, 2022 brought by 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 all other enabling provisions of the law and upon reading the Supporting Affidavit of CPL. Sautet Jeremiah and annexures thereof: Ex-parte IT IS HEREBY ORDERED: 1. THAT preservation orders be and are hereby issued prohibiting the Respondent and/or it’s representatives, employees, agents, servants or any other persons acting on its behalf fromtransacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of funds held in the following accounts; (a) USD 18,381,118.9 held in Account No. 6682003059 at ECO Bank Kenya Limited in the name of Kiwipay Kenya Limited. (b) USD 1,100,000 held in Account No. 6682003378 at ECO Bank Kenya Limited in the Name of Kiwipay Kenya Limited. 2. THAT preservation orders be and are hereby issued prohibiting the Respondent, it’s employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and/ or dealing in any manner howsoever in respect of any profits or benefits derived or accrued from the funds specified under 1 above. 3. THAT these orders shall subsist for a period of ninety (90) days as provided in section 84 of Proceeds of Crime and Anti-Money Laundering Act (POCAMLA). 4. THAT mention on the 6th October, 2022. It is so ordered. GIVEN under my hand and seal of the Honorable court this 24th day of June, 2022. ISSUED at Nairobi this 24th day of June, 2022. DEPUTY REGISTRAR, High Court of Kenya at 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 imprisonment for a period of not more than six months. Dated the 30th June, 2022. COL. ALICE M. MATE, PTG 0014/22-23 Director.