GAZETTE NOTICE NO. 8557

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— Anthony Nyaga Mwangi, Peter Mukangu Mwangi and Ernest Githinji Waweru that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application NO. E030 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. E30 OF 2024 IN THE MATTER OF AN APPLICATION BY THE ASSETS RECOVERY AGENCY FOR ORDERS UNDER SECTIONS 81, 82 AND 87 OF THE PROCEEDS OF CRIME AND ANTI- MONEY LAUNDERING ACT (POCAMLA) AS READ WITH ORDER 51 OF THE CIVIL PROCEDURE RULES IN THE MATTER OF AN APPLICATION FOR PRESERVATION ORDERS OF L. R. NO. RUIRU EAST BLOCK 1/5093 REGISTERED IN THE NAME OF ANTHONY NYAGA MWANGI AND L.R NO. KIAMBAA/THIMBIGUA/6503 REGISTERED IN THE NAME OF ERNEST GITHINJI WAWERU BETWEEN ASSETS RECOVERY AGENCY—(Applicant) VERSUS ANTHONY NYAGA MWANGI—(First Respondent) PETER MUKANGU MWANGI—(Second Respondent) ERNEST GITHINJI WAWERU—(Third Respondent) IN CHAMBERS ON 1ST JULY, 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 do issue Preservation Order prohibiting the 1st, 2nd and 3rd Respondents and/or their employees, agents, servants or any other persons acting on their behalf from selling, transferring or dealing in any manner with the following properties/assets developments, improvements and structures thereon: (a) L.R. No. Ruiru East Block 1/5093 registered in the name of the 1st Respondent, Anthony Nyaga Mwangi. (b) L.R. No.Kiambaa/Thimbigua/6503 Registered in the name of 3rd Respondent, Ernest Githinji Waweru. 3. THAT this Honourable Court do issue Preservation Order preserving any rental income, benefit, profit accruing from L. R No. Ruiru East Block 1/5093 registered in the name of the 1st Respondent, and L.R. No. Kiambaa/Thimbigua/6503 registered in the name of the 3rd Respondent. 4. THAT this Honourable Court do issue an order directing that any rent, benefit or profit generated from properties known as; L.R No. Ruiru East Block 1/5093 and L.R. No. Kiambaa/Thimbigua/6503 be deposited in the Applicant’s Criminal Asset Recovery Fund Account No. 1240221339 held at Kenya Commercial Bank, pending the hearing and determination of intended forfeiture application. 5. THAT an order directing the Chief Land Registrar to register a caveat against the records of each of the properties specified in prayer 2 above. 6. THAT the Honourable Court makes any other ancillary orders that it may deem fit and just for proper and effective execution of its orders. 7. THAT costs be provided for. Ex-Parte; UPON READING the Application dated 28th June, 2024 brought under certificate of urgency by Counsel for the Applicant under sections 81, 82 and 87 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 CPL. Isaac Nakitare sworn on 28th June, 2024 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT a Preservation Order be and is hereby issued prohibiting the 1st, 2nd and 3rd Respondents and/or their employees, agents, servants or any other persons acting on their behalf from selling, transferring or dealing in any manner with the following properties/assets developments, improvements and structures thereon; (a) L.R. No. Ruiru East Block 1/5093 registered in the name of the 1st Respondent, Anthony Nyaga Mwangi. (b) L.R. No.Kiambaa/Thimbigua/6503 Registered in the name of 3rd Respondent, Ernest Githinji Waweru. 2. THAT a Preservation Order be and is hereby issued preserving any rental income, benefit, profit accruing from L.R. No. Ruiru East Block 1/5093 registered in the name of the 1st Respondent, and L.R No. Kiambaa/Thimbigua/6503 registered in the name of the 3rd Respondent. 3. THAT an order be and is hereby issued directing that any rent, benefit or profit generated from properties known as; L.R. No. Ruiru East Block 1/5093 and L.R. No. Kiambaa/Thimbigua/6503 be deposited in the Applicant’s Criminal Asset Recovery Fund Account No. 1240221339 held at Kenya Commercial Bank, pending the hearing and determination of intended forfeiture application. 4. THAT an order be and is hereby issued directing the Chief Land Registrar to register a caveat against the records of each of the properties 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. GIVEN under my hand and the seal of the Honorable Court this 1ST day of July, 2024. ISSUED at NAIROBI this 1st day of July, 2024. DEPUTY REGISTRAR HIGH COURT ANTI CORRUPTION AND ECONOMIC CRIMES DIVISION THE KENYA GAZETTE 12th July, 2024 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 (6) months. Dated the 2nd July, 2023. ALICE M. MATE, PTG 025/24-25 Director.