GAZETTE NOTICE NO. 48

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— Evans Isaac Wafula Kundu and Mojisola Limited, Ancillarh Kemunto Monari, Sylvia Ajiambo Onguru, Millicent Matingi Kundu and Dennis Mburu Nyambura that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. 48 of 2019 as specified in the Schedule hereto. R E P U B L I C O F K E N Y A IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION MISCELLANEOUS CIVIL APPLICATION NO. 48 OF 2019 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: Preservation Orders for L.R. No. 2085/35 Kasarani, Nairobi, L.R. No. 12422/425 Nairobi, L.R. No. Kitale Municipality Block 13/Gatua/9, L.R. No. 8699/39 (Plot Number 21) Trans Nzoia District, L.R. No 8699/7 and L.R. No 8699/17, L.R. No. 8699/41 Trans Nzoia District, L.R. No. 8699/108 Trans Nzoia County, L.R. No. 7785/822 Runda-Nairobi, L.R. No. 8208 Nakuru East, L.R. No. Njoro/Ngata Block 1/868 (Kiamunyi), L.R. No. Kitale Municipality Block 13/Gatua/393, and KCF 286T Lorry/Truck, Hino, Chassis Number JHEFY1EUK00011048. -Between- ASSETS RECOVERY AGENCY………………..……APPLICANT -Versus- EVANS ISAAC WAFULA KUNDU…………….…..RESPONDENT -And- MOJISOLA LIMITED……….………..…..1st Interested Party ANCILLARH KEMUNTO MONARI…….2nd Interested Party SYLVIA AJIAMBO ONGURU……..…….3rd Interested Party MILLICENT MATINGI KUNDU…………4th Interested Party DENNIS MBURU NYAMBURA……..... ...5th Interested Party IN CHAMBERS ON 13TH DECEMBER, 2019 BEFORE MUMBI NGUGI- J ORDER UPON reading the notice of motion dated the 13th December, 2019 and was presented to this honorable court 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 of the Civil Procedure Rules and upon reading the supporting affidavit of of Sgt. Frederick Musyoki sworn in support thereof: IT IS HEREBY ORDERED 1. THAT the application dated 13th December, 2019 be and is hereby certified urgent. 2. THAT a Preservation Order is hereby granted against the Respondent and the 1st, 2nd, 3rd, 4th and 5th interested parties and/or their employees, agents, servants or any other persons acting on their behalf from dealing in any manner with the following parcels of land, or developments, improvements and structures thereon; (i) L.R. No. 2085/35 situate in Kasarani, Nairobi registered in the name of the Respondent vide sale agreement dated 1st April, 2014. (ii) L.R. No. 12422/425 situate in Nairobi registered in the name of the Respondent on 15th August, 2011. Developed flats in the year 2015–2017. (iii) L.R. No. Kitale Municipality Block (Gatua) 13/9 registered in the name of Samuel Akuma Monari but sold to the respondent vide sale agreement dated the 12th December, 2013. (iv) L.R. No. 8699/39 (Plot No. 21) Trans Nzoia District transferred to the respondent and his wife one Sylvia Ajiambo Onguru by Amagoro Park Limited vide sale agreement dated the 17th March, 2014. 3rd January, 2020 THE KENYA GAZETTE (v) L.R. No. 8699/7 and L.R. No. 8699/17 Trans Nzoia District registered in the respondent and his wife one Sylvia Ajiambo Onguru developed between the year 2017–2018. (vi) L.R. No. 8699/41 and L.R. No. 8699/108 Trans Nzoia County transferred to the respondent and his wife one Sylvia Ajiambo Onguru vide sale agreement dated the 10th January, 2015. (vii) L.R. No. 7785/822 situate in Runda Estate, Nairobi registered on the 19th January, 2017 in the name of Mojisola Limited whose sole director is one Millicent Matingi Kundu, daughter to the respondent vide sale agreement dated the 28th November, 2016. (viii) L.R. No. 8208 situate in East of Nakuru Municipality in the Nakuru District registered in the name of one Millicent Matingi Kundu, daughter of the Respondent vide sale agreement dated the 29th November, 2016. (ix) L.R. No. Njoro/Ngata Block 1/868 (Kiamunyi) registered on the 10th March, 2014 in the name of the respondent and one Ancillarh Kemunto Monari a wife to the respondent. (x) L.R. No. Kitale Municipality Block 13/Gatua/393 registered on the 10th August, 2015 in the name of the respondent and one Ancillarh Kemunto Monari a wife to the respondent. (xi) Motor vehicle registration number KCF 286T Hino Lorry/Truck, Chassis No. JHEFY1EUK00011048, white in colour registered in the name of one Dennis Mburu Nyambura. 3. THAT an order is hereby issued directing the Chief Land Registrar do issue and register a caveat against the records of each of the properties specified in prayer 2 above. 4. THAT a Preservation Order is hereby granted against the respondent and the 5th interested party and/or their employees, agents, servants or any other persons acting on their behalf, prohibiting the sale, transfer or disposal of, or other dealings with the following motor vehicle; KCF 286T Lorry/Truck Hino, Chassis No. JHEFY1EUK00011048, white in colour registered in the name of Dennis Mburu Nyambura; 5. THAT an order is hereby granted against the respondent and the 5th interested party to surrender the motor vehicle and the original logbook specified in prayer 4 above to the applicant (Assets Recovery Agency), within seven (7) days. 6. THAT an order is hereby issued directing the Director-General of the National Transport and Safety Authority to register a caveat against the record of the motor vehicle KCF 286T Lorry/Truck Hino, Chassis No. JHEFY1EUK00011048. GIVEN under my hand and seal of this Honourable court on this 13th December, 2019. ISSUED at Nairobi on this day of December 2019. DEPUTY REGISTRAR, High Court Anti-Corruption and Economic Crimes Division, Nairobi. PENAL NOTICE Take notice that if you, the above named respondnets 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. MUTHONI KIMANI, MR/0455050 Director.