GAZETTE NOTICE NO. 14059

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— Hesbon Wafula Odaye that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E49 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 APPLICATION NO E49 OF 2024 IN THE MATTER OF AN APPLICATION FOR ORDERS UNDER SECTIONS 81, 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 ORDERS FOR MOTOR VEHICLE REGISTRATION NUMBER KBZ 514Z, CHASIS NUMBER AZR60-3105047 BETWEEN ASSETS RECOVERY AGENCY—(Applicant) VERSUS HESBON WAFULA ODAYE—(Respondent) IN CHAMBERS ON 11TH OCTOBER, 2024 BEFORE HON. LADY JUSTICE E.N. MAINA ORDER CLAIMS 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 this Honourable Court be pleased to issue preservation orders prohibiting the Respondent and/or his employees, agents, servants, or any other persons acting on his behalf from selling, transferring, or disposing of or any other dealings in any manner with motor vehicle registration number KBZ 514Z Toyota Voxy 3. THAT the Honourable Court does issue an Order to the Respondent to surrender the original logbooks of the motor vehicle specified in prayer 2 above to the Applicant within 7 days after the service of orders herein. 4. THAT the Honourable Court does issue an order to the Respondent to surrender the motor vehicle specified in prayer 2 above to the custody of the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers. 5. THAT the Honourable Court does issue an order directing the Director General of the National Transport and Safety Authority to register caveats against the records of the motor vehicle specified in prayer 2 above. 6. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair, and effective execution of its orders. 7. THAT costs be provided for. Ex-Parte: UPON READING the Application dated 9th October, 2024 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 Collins Ipapo sworn on 9th October, 2024 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT an order of Preservation be and is hereby issued prohibiting the Respondent and/or his employees, agents, servants or any other persons acting on his behalf from selling, transferring or disposing of or any other dealings in any manner with motor vehicle registration number KBZ 514Z, Toyota Voxy. 2. THAT an order be and is hereby issued to the Respondent to surrender the original logbooks of the motor vehicle specified in prayer 1 above to the Applicant within 7 days after service of orders herein. 3. THAT an order be and is hereby issued to the Respondent to surrender the motor vehicle specified in prayer 1 above to the custody of the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers. 4. 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. 5. THAT the orders shall be for a period of ninety (90) days. 6. THAT service of the order be done within twenty-one (21) days of today’s date (11/10/2024). GIVEN under my hand and the seal of the Honorable Court this 23rd day of July, 2024. ISSUED at NAIROBI this 11th day of October, 2024. 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 17th October, 2024. ALICE M. MATE (RTD.), PTG No. 782/24-25 Director. 25th October, 2024 THE KENYA GAZETTE