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GAZETTE NOTICE NO. 11106

GAZETTE NOTICE NO. 11106

THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

(No. 9 of 2009)

REGISTRATION


IN EXERCISE of the powers conferred by section 92 (5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Registrar High Court gives NOTICE to: 1. Nancy Wanjiku Munyota 2. Ncba Bank 3. Mahiga Homes Limited 4. Andrew Mbaka Omwega 5. Luckystar Enterprises Limited THAT the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and economic crimes Division) ACEC SUIT E004 OF 2025 as specified in the Schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI–CORRUPTION & ECONOMIC CRIMES DIVISION ACEC CIVIL SUIT NO. E4 OF 2025 4838 4838 Assets Recovery Agency……………..………………………Applicant Versus Nancy Wanjiku Munyota. ……..........……..........................Respondent And NCBA Bank ………………………………………1st Interested Party Mahiga Homes Limited…………………………2nd Interested Party Andrew Mbaka Omwega…………….………….. 3rd Interested Party Luckystar Enterprises Limited…………………….4th Interested Party DECREE PRAYERS SOUGHT IN THE AMENDED ORIGINATING MOTION DATED 4TH JUNE, 2025 1. THAT this Honourable Court be pleased to issue orders declaring motor vehicle registration number KCZ 742J Toyota Rav 4 Chassis Number ACA31-5055274 registered in the name of Nancy Wanjiku Munyota and NCBA Bank as proceeds of crime liable for forfeiture to the Government of Kenya. 2. THAT this Honourable Court be pleased to issue orders declaring the following properties/parcels of land/units as proceeds of crime and liable for forfeiture to the Government of Kenya. (a) Apartment No. A23 Block A 5th Floor erected on IR 122581, LR 27253/105, with one (1) Parking Bay. (b) Longonot/Kijabe Block 1/603 (ERERI) Plot No. 36 (c) House No. 50 Rock Gardens 2 Estate erected on I.R. 208830, L.R. 28318/2244. 3. THAT this Honourable Court be pleased to issue orders of forfeiture of the motor vehicle registration number KCZ 742J Toyota Rav 4 Chassis Number ACA31-5055274 registered in the name of Nancy Wanjku Munyota and NCBA Bank to the Assets Recovery Agency on behalf of the Government of Kenya. 4. THAT this Honourable court be pleased to issue orders of forfeiture in respect of the following properties/parcels of land/units to the Assets Recovery Agency on behalf of the Government of Kenya. (a) Apartment No. A23 Block A 5th Floor erected on IR 122581, LR 27253/105, with one (1) Parking Bay. (b) Longonot/Kijabe Block 1/603 (ERERI) Plot No. 36 (c) House No. 50 rock Gardens 2 Estate erected on IR 208830, LR 28318/2244. 5. THAT this Honourable court be pleased to issue an order directing the Director General National Transport and Safety Authority to transfer title/ownership of said motor vehicle in Prayer 1 above to the applicant on behalf of the Government of Kenya. 6. THAT this Honourable court be pleased to issue vesting orders transferring the following properties/parcels of land/units listed in Prayer 2 above to the Applicant on behalf of the Government of Kenya. 7. THAT this Honourable court be pleased to issue an order that the above-stated assets properties, profits, and benefits accruing from the same in prayer 1 and 2 above be forfeited to the Government of Kenya and transferred to the Applicant. 8. THAT the Honourable Court makes any other ancillary order it may deem fit for the proper, fair, and effective execution of its orders. 9. THAT costs be provided for. THIS MATTER COMING UP for Judgment on 9th July, 2025, before Hon. Lady Justice Lucy M. Njuguna for the Originating Motion dated 4th June, 2025, brought under sections 81, 90 and 92 of the Proceeds of Crime and Anti-Money Laundering Act, 2009 and Order 51 Rule of the Civil Procedure Rules. In the presence of counsel for the Applicant, Respondent and Interested Parties, IT IS HEREBY DECREED AS FOLLOWS, 1. THAT an order be and is hereby issued declaring motor vehicle registration number KCZ 742J Toyota Rav 4 Chassis Number ACA31- 5055274 registered in the name of Nancy Wanjiku Munyota and NCBA Bank as proceeds of crime liable for forfeiture to the Government of Kenya. 2. THAT an order be and is hereby issued declaring the following properties/parcels of land/units as proceeds of crime and liable for forfeiture to the Government of Kenya. (a) Apartment No. A23 Block A 5th Floor erected on I.R. 122581, L.R. 27253/105, with one (1) Parking Bay. (b) Longonot/Kijabe Block 1/603 (ERERI) Plot No. 36. (c) House No. 50 Rock Gardens 2 Estate erected on I.R. 208830, L.R. 28318/2244. 3. THAT an order be and is hereby issued for forfeiture of the motor vehicle registration number KCZ 742J Toyota Rav 4 Chassis No. ACA31-5055274 registered in the name of Nancy Wanjku Munyota and NCBA Bank to the Assets Recovery Agency on behalf of the Government of Kenya. 4. THAT an order be and is hereby issued for forfeiture in respect of the following properties/parcels of land/units to the Assets Recovery Agency on behalf of the Government of Kenya. (a) Apartment No. A23 Block A 5th Floor erected on I.R. 122581, L.R. 27253/105, with one (1) Parking Bay. (b) Longonot/Kijabe Block 1/603 (ERERI) Plot No. 36. (c) House No. 50 rock Gardens 2 Estate erected on I.R. 208830, L.R. 28318/2244. 5. THAT an order be and is hereby issued directing the Director General National Transport and Safety Authority to transfer title/ownership of said motor vehicle in Order 1 above to the applicant on behalf of the Government of Kenya. 6. THAT vesting order be and is hereby issued transferring the following properties/parcels of land/units listed in Order 2 above to the Applicant on behalf of the Government of Kenya. 7. THAT an order be and is hereby issued declaring that the above-stated assets properties, profits, and benefits accruing from the same in Order 1 and 2 above be forfeited to the Government of Kenya and transferred to the Applicant. 8. THAT the applicant is awarded costs of this suit to be paid by the Respondents jointly and severally. GIVEN under my hand and the seal of this Honourable Court this 15th day of July, 2025. ISSUED at Nairobi this 17th day of July, 2025. EVELYN GAITHUMA, Deputy Registrar Anti-Corruption And Economic Crimes Division. Dated the 17th July, 2025. CLARA OTIENO- OMONDI, Registrar, High Court of Kenya.

Dated the 17th July, 2025.

CLARA OTIENO- OMONDI,

Registrar, High Court of Kenya.

Extracted Entities (1)

previous_gazette_ref

11106

Details

Act / Legislation
THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
Reference
No. 9 of 2009
Section
section 92 (5)
Signed By
CLARA OTIENO- OMONDI
Title
Registrar, High Court of Kenya
Date Signed
17th July 2025
Page
35
Extraction Method
regex