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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 9126
GAZETTE NOTICE NO. 9126
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—
Pepriter Kadenyi Oduory, Alex Gathegu Murima and Family Bank
Limited that the High Court has issued preservation orders in Nairobi
High Court Miscellaneous Application No. E13 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
MISCELLANEOUS CIVIL APPLICATION NO. E13 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 Motor Vehicles Registration No:
(i) KDH 211F Isuzu NQR
(ii) KBR 343V Mitsubishi Fuso
AND
In the Matter of: Preservation of Land Parcel No.
Nandi/Kapkangani/3624
BETWEEN
ASSETS RECOVERY AGENCY…………………………..Applicant
VERSUS
PEPRITER KADENYI ODUORY…………………..First Respondent
ALEX GATHEGU MURIMA……………………….First Respondent
AND
FAMILY BANK LIMITED…………………………..Interested Party
Ex parte:
IN CHAMBERS ON 19TH JUNE, 2023
BEFORE HON. LADY JUSTICE E. N. MAINA
ORDER
THIS MATTER COMING UP before Honourable Lady Justice E.
N. Maina on 19th June, 2023 for directions of the Originating Motion
dated 16th June, 2023 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 No. 64485 S/Sgt. Peter Mutisya and all the annexures
thereto:
7th July, 2023 THE KENYA GAZETTE
Exparte:
IT IS HEREBY ORDERED:
1. THAT a preservation order be and is hereby granted against the
Respondents 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) KDH 211F Isuzu NQR
(ii) KBR 343V Mitsubishi Fuso
2. THAT the Respondents be and are hereby directed to surrender the
original logbooks of the motor vehicles and the motor vehicles
specified in order 1 above to the Applicant forthwith.
3. THAT in the event the Respondents fail to surrender the above
motor vehicles as specified in order 1 above, the Applicant be and
is hereby ordered to seize and detain the motor vehicles specified
therein.
4. THAT an order be and is hereby 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 1 above.
5. THAT a preservation order be issued prohibiting the 1st
Respondent her agents or representatives acting on her behalf from
selling, mortgaging, charging, transferring and dealing in any
manner in respect of Land Parcel No. Nandi/Kapkangani/3624.
6. THAT the Honourable Court be pleased to issue an order to the
Chief Land Registrar to register a caveat in respect of Land Parcel
No. Nandi/Kapkangani/3624.
7. THAT the orders shall be for a period of (90) days as provided for in
section 84 of the Proceeds of Crime and Anti-Money Laundering
Act.
8. THAT mention on 2nd October, 2023.
It is so ordered.
GIVEN under my hand and the seal of this Honourable Court this
19th day of June, 2023.
ISSUED at NAIROBI this 19th day of June, 2023.
DEPUTY REGISTRAR,
High Court
Anti Corruption and Economic Crimes Division.
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 22nd June, 2023.
ALICE M. MATE,
Director.
Dated the 22nd June, 2023.
ALICE M. MATE,
Director.
Extracted Entities (1)
previous_gazette_ref
9126
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83 (1)
- Signed By
- ALICE M. MATE
- Title
- Director
- Date Signed
- 22nd June 2023
- Page
- 2
- Extraction Method
- regex
Source Gazette
Vol. CXXV No. 158
Published 22nd June 2023