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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 2511
GAZETTE NOTICE NO. 2511
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—
Anwar Ali Omar that the High Court has issued preservation
orders in Nairobi High Court Miscellaneous Application No. E4 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. E4 OF 2024
In the Matter of: An Application for Orders under sections 81
and 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 in the Matter of Preservation Orders for:
Land Reference Portion No. 13741 Measuring
0.0593 in Size and 22.91m by 26.3 in
1st March, 2024 THE KENYA GAZETTE
dimensions and Developments on it Known as
Casuarina Plaza
AND
BETWEEN
ASSETS RECOVERY AGENCY—Applicant
VERSUS
ANWAR ALI OMAR—Respondent
IN CHAMBERS ON 7TH FEBRUARY, 2024
BEFORE HON. LADY JUSTICE E. N. MAINA
ORDER
THIS MATTER coming up before Honourable Lady Justice E.
Maina on 7th February, 2024 for directions of Originating Motion
dated 6th day of February, 2024 brought 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 Cpl. Isaac Nakitale sworn on 6th day of February, 2024
and the annextures thereto;
IT IS HEREBY ORDERED
1. THAT this application be and is hereby certified urgent.
2. THAT Preservation Orders be and are hereby issued
prohibiting the Respondent and/or his employees, agents, servants,
representatives or any other persons acting on his behalf from dealing
in any manner with the following parcel of land and properties or
developments, improvements and structures thereon;
(a) Land reference portion number 13741 measuring 0.0593 in size
and 22.91m by 26.3 in dimensions and developments on it known as
Casuarina Plaza.
3. THAT a Preservation Order be and is hereby issued preserving
any rental income, benefits, profits accruing from all rental apartments
known as Casuarina Plaza erected upon land reference portion number
13741 measuring 0.0593 in size and 22.91m by 26.3 in dimensions and
direct that the same be deposited in the Assets Recovery Agency
deposit Account No. 1240221339 held at Kenya Commercial Bank,
KICC Branch pending hearing and determination of the intended
forfeiture application.
4. THAT the Respondent be and is hereby ordered to surrender
the Title/ownership documents of the properties specified in prayer 2
above.
5. THAT an order be and is hereby issued directing the Chief
Land Registrar do issue to register a caveat against the records of the
property specified in prayer 2 above.
6. THAT the Preservation orders shall remain in force for a
period of ninety (90) days as provided in section 84 of the Proceeds of
Crime and Anti-Money Laundering Act (POCAMLA).
7. THAT the orders granted be served upon the Respondent
within 21 days as provided in section 83 (1) of the Proceeds of Crime
and Anti-Money Laundering Act.
GIVEN under my hand and the seal of the Honorable Court this 7th
day of February, 2024.
ISSUED at NAIROBI this 13th day of July, 2023.
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 19th February, 2024.
ALICE M. MATE,
PTG No. 1736/23-24 Director.
Dated the 19th February, 2024.
ALICE M. MATE,
PTG No. 1736/23-24 Director.
Extracted Entities (1)
previous_gazette_ref
2511
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 No. 1736/23-24 Director
- Date Signed
- 19th February 2024
- Page
- 34
- Extraction Method
- regex
Source Gazette
Vol. CXXVI No. 28
Published 8th January 2024