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PRESERVATION ORDERS
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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)
previous_gazette_ref
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
Source Gazette
Vol. CXXVIII No. 6
Published 1st January 2026