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GAZETTE NOTICE NO. 348

GAZETTE NOTICE NO. 348

THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

(Cap. 59A)

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— Francis Nduati Mwaura that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E057 of 2025 as specified in the Schedule hereto: REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS CIVIL APPLICATION NO E57 OF 2025 In the Matter of: an application by the assets recovery agency for orders under sections 81, 82, 84 as read with section 131 of the Proceeds of Crime And Anti- Money Laundering Act (POCAMLA) as read together with order 51 of the civil procedure rules In the Matter of: An Application for Preservation Orders of Motor Vehicle KCZ 924C Toyota Vitz, Chassis No. NSP130-2120298 Toyota Vitz in the name of Francis Nduati Mwaura BETWEEN Assets Recovery Agency…………………………………… Applicant VERSUS Francis Nduati Mwaura……………………….…………. Respondent IN CHAMBERS ON 19TH DECEMBER, 2025 BEFORE HON. LADY JUSTICE LUCY NJUGUNA ORDER Claims in the Application 9. THAT this application be certified urgent and the same be heard Ex-Parte on a priority basis in the first instance. 10. THAT this Honourable Court be pleased to issue a preservation order restraining the Respondent his employees, agents and/or representatives acting on his behalf, prohibiting the sale, transfer or disposing off or other dealings with the motor vehicle registration KCZ 924C Chassis No. NSP130-2120298 Toyota Vitz registered in the name of Francis Nduati Mwaura. 11. THAT the Respondent be ordered to surrender the motor vehicle specified in prayer 2 above, the ignition keys and the original logbook to the Applicant and be assembled at the Applicant's premises at UAP Old Mutual Towers parking lot within 7 days failure to which the investigating officer, Mr. Eliaph Ngari or such other officer as the Agency Director-General may designate, to seize the motor vehicle and deliver it to the Agency Director or any other officer authorized by the Agency Director-General to exercise control over the said motor vehicle. 12. THAT an order be issued directing the Director-General of National Transport and Safety Authority to register caveat against the records of the motor vehicles specified in order 2 above. 9th January, 2026 THE KENYA GAZETTE 13. THAT the Honourable Court do make any other ancillary orders it may deem fit and necessary for the proper and effective execution of its orders. 14. THAT costs be provided for. Ex-Parte; UPON READING the Application dated 18th December, 2025 brought under certificate of urgency 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 enabling provisions of the law, and upon reading the supporting affidavit of Eliaph Ngari sworn on the 18th December, 2025 and the annextures thereto; IT IS HEREBY ORDERED 4. THAT a Preservation Order be and is hereby issued restraining the Respondent, his employees, agents, and/or representatives acting on his behalf, prohibiting the sale, transfer or disposing off or other dealings with motor vehicle registration KCZ 924C, Chassis No. NSP130-2120298 Toyota Vitz registered in the name of Francis Nduati Mwaura. 5. THAT an order be and is hereby issued that the Respondent to surrender the motor vehicle specified in Order 1 above, the ignition keys and the original logbook to the Applicant and be assembled at the Applicant's premises at UAP Old Mutual Towers parking lot within 7 days failure to which the investigating officer, Mr. Eliaph Ngari or such other officer as the Agency Director-General may designate, to seize the motor vehicle and deliver it to the Agency Director or any other officer authorized by the Agency Director General to exercise control over the said motor vehicle. 6. THAT an order be and is hereby issued directing the Director General of the National Transport and Safety Authority to register a caveat against the records of the motor vehicle specified in Order 1 above. GIVEN under my hand and the seal of the Honorable Court this 19th December, 2025. ISSUED at NAIROBI this 19th day of December, 2025. DEPUTY REGISTRAR, High Court Anti-Corruption and Economic Crimes Division Nairobi. PENAL NOTICE Take notice that if you, the above-named respondent 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 23rd December, 2025. MARK OGONJI, SO6035 Ag. Director-General, Assets Recovery Agency.

Dated the 23rd December, 2026.

MARK OGONJI,

SO6035 Ag. Director-General, Assets Recovery Agency.

Extracted Entities (1)

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348

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
Cap. 59A
Section
section 83 (1)
Signed By
MARK OGONJI
Title
SO6035 Ag. Director-General, Assets Recovery Agency
Date Signed
23rd December 2026
Page
20
Extraction Method
regex