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GAZETTE NOTICE NO. 17002
GAZETTE NOTICE NO. 17002
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
(No. 9 of 2009)
ACT
IN EXERCISE of the powers conferred by section 92 (5) of the
Proceeds of Crime and Anti-Money Laundering Act, 2009, the
Registrar High Court gives notice to Francis Mwenda Muthamia that
the High Court has issued Forfeiture Orders in High Court Civil Suit
(Anti-Corruption and economic crimes Division) Civil Suit No. E12 of
2022 as specified in the Schedule hereto:
SCHEDULE
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION
CIVIL SUIT NO. E12 OF 2022
ASSETS RECOVERY AGENCY—(Applicant)
-VERSUS-
FRANCIS MWENDA MUTHAMIA—(Respondent)
DECREE
BEFORE HON. JUSTICE P. J. OTIENO
VIRTUALLY ON THE 9TH OF OCTOBER 2024
CLAIM FOR IN THE SUIT.
1. THAT this Honorable court do issue orders declaring that KSh.
35,000,000 held in NCBA Bank, Changamwe Branch account number
6655780015 in the name of Francis Mwenda Muthamia are proceeds
of crime and liable for forfeiture to the Government of Kenya.
2. THAT this Honorable court do issue forfeiture orders forfeiting
the said funds to the Governent and transferred to the applicant.
3. THAT this Honorable court makes any other ancillary orders it
may deem appropriate for the proper, fair and effective execution of
the forfeiture orders.
4. THAT costs be provided for.
THIS MATTER coming up for judgment on 9th October, 2024
before Hon. Justice P. J. Otieno for originating motion dated 6th May
2022 brought by counsel for the Applicant under sections 90 and 92 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
law, in the presence of Counsel for the Applicant and counsel for the
Respondent;
THE KENYA GAZETTE 27th December, 2024
IT IS HEREBY DECREED:
1. THAT the application dated 06.05.2022 is allowed on terms
that the sum of KSh. 35,000,000 held in the respondent’s account at
NCBA Bank, Account No. 6655708815, NCBA Changamwe Branch,
is declared as proceeds of crime and ordered forfeited to the applicant
on behalf of the state.
GIVEN under my Hand and the Seal of this Honorable Court this
9th day of October, 2024.
E. GAITHUMA,
Deputy Registrar,
High Court of Kenya,
Anti-Corruption and Economic Crimes Division
Nairobi.
Dated the 13th December, 2024.
C. O. OMONDI,
Registrar, High Court of Kenya.
Dated the 13th December, 2024.
C. O. OMONDI,
Registrar, High Court of Kenya.
Extracted Entities (1)
previous_gazette_ref
17002
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 92 (5)
- Signed By
- C. O. OMONDI
- Title
- Registrar, High Court of Kenya
- Date Signed
- 13th December 2024
- Page
- 19
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 230
Published 15th January 2024