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GAZETTE NOTICE NO. 8392

GAZETTE NOTICE NO. 8392

THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

(No. 9 of 2009)

PRESERVATION ORDERS


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— Flutterwave Payment Technology Limited, Boxtrip Travel and Tours Limited, Bagtrip Travels Limited, Elivalat Fintech Limited, Adguru Technology Limited, Hupesi Solutions, Cruz Ride Auto Limited and Simon Karanja Ngige that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E029 of 2022 as specified in the Schedule hereto. 15th July, 2022 THE KENYA GAZETTE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS APPLICATION NO. E29 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. BETWEEN ASSETS RECOVERY AGENCY—(Applicant) VERSUS FLUTTERWAVE PAYMENT TECHNOLOGY LIMITED—(1st Respondent) BOXTRIP TRAVEL AND TOURS LIMITED—(2nd Respondent) BAGTRIP TRAVELS LIMITED—(3rd Respondent) ELIVALAT FINTECH LIMITE—(4th Respondent) ADGURU TECHNOLOGY LIMITED—(5th Respondent) HUPESI SOLUTIONS—(6th Respondent) CRUZ RIDE AUTO LIMITED—(7th Respondent) SIMON KARANJA NGIGE—(8th Respondent) IN CHAMBERS ON 1ST JULY, 2022 BEFORE HON. LADY JUSTICE E.N. MAINA ORDER THIS MATTER COMING UP before Honourable Lady Justice E. Maina on 1st July, 2022, for directions of the originating motion dated 29th 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 of the Civil Procedure Rules, and all other enabling provisions of the law and upon reading the Supporting affidavit of Cpl. Isaac Nakitare and annexures thereof: Ex-parte IT IS HEREBY ORDERED: - 1. THAT preservation orders be and are issued prohibiting the 1st Respondent and/ or his agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect of the following funds held at Guaranty Bank; (1) KSh. 32,578,603.40 held in Account No. 22500010208 (2) KSh. 3,816,043.13 held in Account No. 2250016135 (3) KSh. 148,237.02 held in Account No. 2250105351 (4) KSh. 11,313,227.70 held in Account No. 2250107555 (5) KSh. 1,137,515.79 held in Account No. 2250107590 (6) USD 457.87 held in Account No. 2250010209 (7) USD 15,146.83 held in Account No. 2250105348 (8) USD 3,841.40 held in Account No. 225107552 (9) USD 15,152,367.08 held in Account No. 2250107591 (10) GPB 1,178.43 held in Account No. 2250105349 (11) GPB 258.00 held in Account No. 2250107553 (12) EURO 805.50 held in Account No. 2250010211 (13) EURO 91,043.96 held in Account No. 2250105350 (14) EURO 66,890.11 held in Account No. 2250107554 (15) USD 9,199.30 held in Account No. 2250105543 (16) KSh. 5,475,000.00 held in Account No. 250109908 (17) KSh. 30,136,232.87 held in Account No. 2250112668 (18) USD 1,634,973.62 held in Account No. 2250109191 (19) GPB 1,178.34 held in Account No. 2250105349 (20) USD 900,000.00 held in account key 0225/0163289/002/5220/027 (21) USD 1,993,611.00 held in account key 0225/0163289/ 002/5220/015 (22) USD 1,000,000.00 held in account key 0225/0163289/002/ 5220/014 (23) USD 900,000.00 held in account key 0225/0163289/002/ 5220/027 (24) USD 998,880.60 held in account key 0225/0163289/ 002/5220/026 (25) USD 855,761.94 held in account key 0225/0163289/ 002/5220/025 (26) USD 958,482.60 held in account key 0225/0163289/ 002/5220/024 (27) USD 955,880.60 held in account key 0225/0163289/ 002/5220/023 (28) KSh. 100,000.00 held in account key 0225/0163289/ 001/5204/000 (29) KSh. 100,000.00 held in account key 0225/0163289/ 001/3202/000 2. THAT preservation orders be and are hereby issued prohibiting the 1st Respondent and/ or his agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect of the following funds held at Equity Bank; (1) KSh. 1,000,000.00 held in Account No. 1410180879490 (2) USD 612,035.15 held in Account No. 1410280336357 (3) GPB 128,962.13 held in Account No. 1410280115236 (4) USD 113,227.99 held in Account No. 1410280115172 (5) KSh. 55,497,659.35 held in Account No. 1410280115265 (6) USD 1,679.24 held in Account No. 1410280336405 (7) EURO 43,161.65 held in Account No. 1410280115206 (8) USD 1,235,974.95 held in Account No. 14103825722815 (9) USD 1,562,068 held in Account No. 1410382572782 (10) KSh. 88,000,000.00 held in Account No. 1410382541812 (11) KSh. 66,000,000.00 held in Account No. 1410382508447 (12) USD 558,124 held in Account No. 1410382562160 (13) USD 1,458,607.75 held in Account No. 1410382527587 (14) USD 2,525,457.05 held in Account No. 1410382489736 (15) USD 2,022,244.95 held in Account No. 1410382508866 (16) KES 12,482,767.19 held in Account No. 1410280115147 (17) KES 12,485,767.19 held in Account No. 1410280336423 3. THAT preservation orders be and are hereby issued prohibiting the 1st Respondent and/ or his agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect of the following funds held at ECOBANK; (1) USD 3,113,554.45 held in Account No. 6682000329. (2) USD 5,401.31 held in Account No. 0301015027455301 (3) EURO 36,448.89 held in Account No. 6682002531 (4) GBP 31,951.8 held in Account No. 6682002532 (5) USD 65,000.00 held in Account No. 6682003061 (6) KES 322,258,410.07 held in Account No. 6682000029 4. THAT preservation orders be and are hereby issued prohibiting the 2nd Respondent and/ or his agents or representatives from 5550 5550 transacting, withdrawing, transferring, using and any other dealings in respect USD 3,957,052.54 held in Account No. 6682004577 at Ecobank. 5. THAT preservation orders be and are hereby issued prohibiting the 3rd Respondent and/ or his agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect USD 3,693,573.82 held in Account No. 6682004596 at Ecobank. 6. THAT preservation orders be and are hereby issued prohibiting the 4th Respondent and/ or his agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect of the following funds held at Equity Bank; (1) USD. 8,251.65 held in Account No. 1410280212892 (2) USD 86.34 held in Account No. 1410280469341 (3) USD 1,504.03 held in Account No. 1410280218327 7. THAT preservation orders be and are hereby issued prohibiting the 5th Respondent and/ or his agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect USD 845,565.59 held in Account No. 0540281125723 at Equity Bank. 8. THAT preservation orders be and are hereby issued prohibiting the 6th Respondent and/ or his agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect KSh.1,606,081.58 held in Account No. 0250279561443 at Equity Bank. 9. THAT preservation orders be and are hereby issued prohibiting the 7th Respondent and/ or his agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect USD 20,542.54 held in Account No. 02100531510800 at Cooperative Bank. 10. THAT preservation orders be and are hereby issued prohibiting the 8th Respondent and/ or his agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect USD 118,905.00 held in Account No. 1297473558 at KCB Bank. 11. THAT preservation orders be and are hereby issued prohibiting the 8th Respondent and/ or his agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect USD 452,700.00 held in Account No. 1296184633 at KCB Bank. 12. THAT these orders shall subsist for a period of ninety (90) days as provided in section 84 of the Proceeds of Crime and Anti- Money Laundering Act (POCAMLA) 13. THAT mention on 7th November, 2022. It is so ordered. GIVEN under my hand and the seal of the Honourable Court this 1st day of July, 2022. ISSUED at Nairobi this 1st day of July, 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 6th July, 2022. COL. ALICE M. MATE, PTG 0026/22-23 Director.

Dated the 6th July, 2022.

COL. ALICE M. MATE,

PTG 0026/22-23 Director.

Extracted Entities (1)

previous_gazette_ref

8392

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 83 (1)
Signed By
COL. ALICE M. MATE
Title
PTG 0026/22-23 Director
Date Signed
6th July 2022
Page
32
Extraction Method
regex