GAZETTE NOTICE NO. 7185

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— Vincent Ayesa Amufa and Grace Wamuyu Gathu that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E9 of 2023 as specified in the Schedule hereto: REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION ACEC MISC. NO. E9 OF 2023 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 KSh. 438,453.80 held in Account No. 1252254326 at Kenya Commercial Bank in the Name of Vincent Ayesa Amufa. AND In the Matter of: Preservation of Funds of KSh. 120,000 held in cash. AND In the Matter of: Preservation of Motor Vehicles Reg. Nos: (i) KDJ 072Z, Nissan Note (ii) KDD 806L, Nissan Note -BETWEEN- Assets Recovery Agency …………. ……………………………..Applicant -VERSUS- Vincent Ayesa Amufa……………………………………………Respondent 2nd June, 2023 THE KENYA GAZETTE -AND - Grace Wamuyu Gathu………………………………….…Interested Party BEFORE HON. JUSTICE NIXON SIFUNA IN CHAMBERS ON 12TH DAY OF MAY, 2023 ORDER APPLICATIONS FOR IN THE APPLICATION; 1. THAT this application be certified urgent and the same be heard ex-parte on a priority basis in the first instance. 2. THAT the Honourable Court be pleased to issue preservation orders, preserving cash of KSh. 120,000 seized from the Respondent on 5th April, 2023, by the Police. 3. THAT the Honourable Court be pleased to issue preservation orders prohibiting the Respondent his agents or representatives from transacting, withdrawing, transferring, using and any way dealing in respect of funds held in the following bank account; KSh. 438,453.80 held in account No. 1252254326 at Kenya Commercial Bank in the name of Vincent Ayesa Amufa. 4. THAT a preservation order be granted against the Respondent and the Interested Party 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) KDJ 072Z, Nissan Note (ii) KDD 806L, Nissan Note 5. THAT the Respondent and the Interested Party be directed to surrender the original logbooks of the motor vehicles and the motor vehicles specified in prayer 4 above to the Applicant forthwith 6. THAT in the event the Respondent and the Interested Party fails to surrender the above motor vehicles as specified in prayer 5 above, Applicant be ordered to seize and detain the motor vehicles specified in 4 above. 7. THAT an order be issued 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 4 above. 8. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair, effective execution of its orders. UPON READING the Originating Motion dated 11th May, 2023, brought under Certficate of Urgency, presented to this honourable Court 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 supported by a sworn affidavit of No. 64485 Senior Sergent Peter Mutisya; Exparte; IT IS HEREBY ORDERED:- 1. THAT this matter be and is hereby certified as urgent. 2. THAT a Preservation order be and is hereby issued, preserving cash the sum of KSh.120,000/- seized from the Respondent on 5th April, 2023 by the Police. 3. THAT a Preservation order be and is hereby issued, prohibiting the Respondent his agents or representatives from transacting, withdrawing, transferring, using and any way dealing with KSh. 438,453.80 currently held in Kenya Commercial Bank account no. 1252254326 in the name of Vincent Ayesa Amufa the Respondent herein. 4. THAT a Preservation order be and is hereby issued prohibiting the Respondent and Interested Party, their employees, servants, and/or any other persons acting on their behalf from selling, transferring, disposing off, or any other way dealing with Motor Vehicles Registration Nos. KDJ 072Z (Nissan Note) and Motor Vehicle Registration No. KDD 806L (Nissan Note). 5. THAT an Order be and is hereby issued, directing the Respondent and Interested Party to surrender the original log books of the said Motor Vehicles Registration Nos. KDJ 072Z (Nissan Note) and Motor Vehicle Registration No. KDD 806L (Nissan Note); and in the event of them refusing, neglecting or failing to surrender the said motor vehicles, the Assets Recovery Agency (ARA) the Applicant herein, be at liberty to seize and detain the said motor vehicles. 6. THAT an Order be and is hereby issued, directing the Director General of the National Transport and Safety Authority (NTSA) to register a caveat against the record of each of the said motor vehicles. GIVEN UNDER my hand and the seal of the Honorable Court this 12th day of May, 2023. ISSUED AT NAIROBI THIS 16th day of May, 2023. DEPUTY REGISTRAR, Anti-Corruption and Economic Crimes Division, High Court, Nairobi PENAL NOTICE Take notice that if you, the above named respondnets or your Servants/Agents disobey this order, uou 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 May, 2023. ALICE M. MATE, PTG 2953/22-23 Director.