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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
Source Gazette
Vol. CXXVII No. 169
Published 30th April 2025