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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 11245
GAZETTE NOTICE NO. 11245
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—Latif Mohamed Dawood and Khan
Mohamed Ashraf Changu that the High Court has issued preservation
orders in Nairobi High Court Miscellaneous Application No. E38 of
2024 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. E38 OF 2024
LATIF MOHAMED DAWOOD—(First Respondent)
KHAN MOHAMED ASHRAF CHANGU—(Second Respondent)
6th September, 2024 THE KENYA GAZETTE
ORDER
BEFORE LADY JUSTICE B. M. MUSYOKI
IN CHAMBERS ON 13TH AUGUST, 2024
CLAIM FOR IN THE APPLICATION.
1. THAT this application be certfied urgent and the same be heard
ex-parte on priority basis in the first instance.
2. THAT this Honourable court be pleases to issue a Preservation
Order against the Respondents and/or their employees, agents, or
representatives acting on their behalf prohibiting the sale, transfer, or
disposal off or other dealings with the motor vehicles registration Nos.
KDJ 814 A, Mazda Demio and KDH 560 Q, Mazda Demio.
3. THAT the Respondents be directed to surrender the Original
logbooks and keys of the motor vehicles specified in prayer 2 above to
the Applicant within seven (7) days herein
4. THAT the order directing the Director General of the National
Transport and Safety Authorithy to register a caveat against the record
of the motor vehicles specied in order 2 above.
5. THAT the respondents be ordered to surrender the motor
vehicle specified in prayer 2 above to the applicant and be assembled
at the Applicant’s premises with immediate effect.
6. THAT the Honourable Court do make any other ancillary
orders it may deem fit and necessary for the proper and effective
excution of orders.
7. THAT costs be provided for.
Exparte:-
UPON READING the application dated 12th August, 2024
brought under Certificate of Urgency and 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 upon reading the supporting
affidavit of Zacharia Lekishon sworn on the 12th August, 2024 and the
annextures thereto:
IT IS HEREBY ORDERED
1. THAT the Originating Summons dated 12th August, 2024 be
and is hereby certified urgent and admitted for hearing during the
current High Court vacation.
2. THAT a Preservation Order be and is hereby issued against the
Respondents and/or their employees, agents, or representatives acting
on their behalf prohibiting the sale, transfer, or disposal off or other
dealings with the motor vehicles registration numbers KDJ 814A,
Mazda Demio and KDH 560Q, Mazda Demio to the Applicant within
seven (7) days from the date of this order.
3. THAT the Respondents be and are hereby directed to surrender
the original logbooks and keys of motor vehicles registration numbers
KDJ 814 A, Mazda Demio and KDH 560Q, Mazda Demio.
4. THAT the Director General of the National Transport and
Safety Authorithy be and is hereby ordered to register a caveat against
the record of motor vehicles registration numbers KDJ 814A, Mazda
Demio and KDH 560Q, Mazda Demio.
5. THAT the Respondents are be and are hereby ordered to
surrender the motor vehicles registration numbers KDJ 814A, Mazda
Demio and KDH 560Q, Mazda Demio to the applicant immediate
effect.
6. THAT this order shall be and remain in force for ninety (90)
days.
GIVEN under my hand and the seal of the Honorable Court this
13th day of August, 2024.
ISSUED at NAIROBI this 13th day of August, 2024.
DEPUTY REGISTRAR,
High Court of Kenya
Anti-Corruption and Economic Crimes Division.
PENAL NOTICE
TAKE NOTICE that if you, the above named respondnets 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 (6) months.
Dated the 28th August, 2024.
ALICE M. MATE,
PTG Director.
Dated the 28th August, 2024.
ALICE M. MATE,
PTG Director.
Extracted Entities (1)
previous_gazette_ref
11245
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
- PTG Director
- Date Signed
- 28th August 2024
- Page
- 30
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 137
Published 12th July 2024