GAZETTE NOTICE NO. 8558

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— Peter Muriithi Nyaga and Jesee Njeru Kithaka that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E27 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 E027 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 OF MOTOR VEHICLE OF REGISTRATION NUMBER KDD 932H, TOYOTA SUCCEED, IN THE NAME OF PETER MURIITHI NYAGA PRESERVATION OF MOTOR VEHICLE REGISTRATION NUMBER KCD 368R, FAW, PRIME MOVER, WHITE IN THE NAME OF PETER MURIITHI NYAGA PRESERVATION OF MOTOR VEHICLE REGISTRATION NUMBER KDC 857D, DOUBLE CAB, TOYOTA HILUX IN THE NAME OF PETER MURIITHI NYAGA PRESERVATION OF MOTOR VEHICLE REGISTRATION NUMBER KDL 451F, MERCEDES BENZ E300, BLACK IN THE NAME OF PETER MURIITHI NYAGA PRESERVATION OF MOTOR VEHICLE REGISTRATION NUMBER KDK 837Y, DOUBLE CAB, TOYOTA HILUX, IN THE NAME OF PETER MURIITHI NYAGA PRESERVATION OF MOTOR VEHICLE REGISTRATION NUMBER KDL 341G, TOYOTA LAND CRUISER, GREY, IN THE NAME OF PETER MURIITHI NYAGA PRESERVATION OF MOTOR VEHICLE REGISTRATION NUMBER KDK 910T, NISSAN JUKE, PURPLE, IN THE NAME OF PETER MURIITHI NYAGA PRESERVATION OF MOTOR VEHICLE REGISTRATION NUMBER KCT 589V, MAZDA AXELA, BLACK IN THE NAME OF JESEE NJERU KITHAKA BETWEEN ASSETS RECOVERY AGENCY—(Applicant) VERSUS PETER MURIITHI NYAGA—(First Respondent) JESEE NJERU KITHAKA—(Second Respondent) IN CHAMBERS ON 20TH JUNE, 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 a preservation Order against the Respondents and/or their employees, agents, or representatives acting on her behalf prohibiting the sale, transfer, or disposing off or other dealings with the following motor vehicles; (i) KDD 932H, Toyota Succeed, (ii) KCD 368R, Faw Prime Mover (iii) KDC 857D, Toyota Hilux, Double Cab (iv) KDL 451F, Mercedes-Benz E300 (v) KDK 837Y, Toyota Hilux, Double Cab (vi) KDL 341G, Toyota Landcruiser (vii) KDK 910T, Nissan Juke (viii) KCT 589V, Mazda Axela 3. THAT the Respondents be directed to surrender the original logbooks of the motor vehicles specified in prayer 2 above to the Applicant within 7 days herein. 4. THAT an order directing the Director General of National Transport and Safety Authority to register caveats against the records of each of the motor vehicles specified in order 3 above. 5. THAT the Respondents be ordered to surrender the motor vehicles specified in prayer 2 above to the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers parking lot 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 execution of its orders. 7. THAT costs be provided for. Ex-Parte; UPON READING the Application dated 19th June, 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 Mohammed Godana sworn on 19th June, 2024 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT this application be and is hereby certified as urgent. 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 disposing off or other dealings with the following motor vehicles; (i) KDD 932H, Toyota Succeed, (ii) KCD 368R, Faw Prime Mover (iii) KDC 857D, Toyota Hilux, Double Cab (iv) KDL 451F, Mercedes-Benz E300 (v) KDK 837Y, Toyota Hilux, Double Cab (vi) KDL 341G, Toyota Landcruiser (vii) KDK 910T, Nissan Juke (viii) KCT 589V, Mazda Axela 3. THAT the Respondents be and are hereby directed to surrender the original logbooks of the motor vehicles specified in order 2 above to the Applicant within 7 days herein. 4. THAT an order be and is hereby issued directing the Director General of National Transport and Safety Authority to register caveats against the records of each of the motor vehicles specified in order 2 above. 12th July, 2024 THE KENYA GAZETTE 5. THAT the Respondents be and are hereby ordered to surrender the motor vehicle specified in order 2 above to the Applicant and be assembled at the Applicant’s premises at UAP Old Mutual Towers parking lot with immediate effect. 6. THAT these preservation orders shall be for a period of ninety (90) days as provided in Section 84 of the POCAMLA. 7. THAT the order shall be served upon the Respondents within 21 days. GIVEN under my hand and the seal of the Honorable Court this 20th day of June, 2024. ISSUED at NAIROBI this 24th day of June, 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 1st July, 2023. ALICE M. MATE, PTG 025/24-25 Director.