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PRESERVATION ORDERS
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GAZETTE NOTICE NO. 8908
GAZETTE NOTICE NO. 8908
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—
Jean Emmanuel Marlon, Winnie Muthoni Maina, Afrex Bridge
Connections Limited, Skydive Rhino Kenya Ltd-Curlcy and
Rhinojohn Prime Metal International Ltd-Curlcy that the High Court
has issued preservation orders in Nairobi High Court Miscellaneous
Application No. E23 of 2025 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. E23 OF 2025
In The Matter of: An Application for Orders under sections 81, 82, 84
as read with Section 131 of the Proceeds of Crime
and Anti-Money Laundering Act (POCAMLA) as
4106 4106
read together with Order 51 of the Civil Procedure
Rules.
AND
In the Matter of: Preservation Orders For:
1. Motor Vehicle registration No. KCW 880M, Toyota, Station
Wagon, Land Cruiser, Chassis No. URJ202-4127377 in the name
of jean Emmanuel Morlon.
2. Motor Vehicle registration No. KDJ 035Q, Land Rover, Pickup,
Defender 110, Chassis No. SALLDVAD7AA289944 in the name
of Jean Emmanuel Morlon.
3. Motor Cycle registration No. KMGH 236F, BMW, Model No.
R1250GSA, chassis No. WB10M1109N6F74240 in the name of
Jean Emmanuel Morlon.
4. Motor Cycle registration No. KMEG 488M, make KTM, model
690 Enduro R, Chassis No. VBKLET407HM707822 in the name
of Winnie Muthoni Maina.
In The Matter of: Preservation Orders For:
1. KSh. 39, 833.84 held in Account No. 0420117001 at Diamond
Trust Bank in the name of Rhinojohn Prime Metal International
Ltd-Curlcy.
2. KSh. 2, 070.28 held in Account No. 0754393001 At Diamond
Trust Bank in the name of Afrex Bridge Connections Ltd-Curlcy.
3. KSh. 14, 454.50 held in Account No. 0886589001 At Diamond
Trust Bank in the name of Skydive Rhino Kenya Ltd-Curlcy.
4. USD 36, 200.32 held in Account No. 0754393002 At Diamond
Trust Bankin the name of Afrex Bridge Connections Ltd-Curlcy.
BETWEEN
ASSETS RECOVERY AGENCY—(Applicant)
VERSUS
JEAN EMMANUEL MARLON—(First Respondent)
WINNIE MUTHONI MAINA—(Second Respondent)
AFREX BRIDGE CONNECTIONS LTD—(Third Respondent)
SKYDIVE RHINO KENYA LTD-CURLCY—(Fourth Respondent)
RHINOJOHN PRIME METAL INTERNATIONAL LTD-
CURLCY—(Fifth Respondent)
IN CHAMBERS ON 13TH JUNE, 2025
BEFORE HON. JUSTICE B. M. MUSYOKI
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 a preservation order be granted against the Respondents
and/or their employees, agents, servants, representatives or any
other persons acting on their behalf from selling/ charging/
mortgaging/ transferring/ disposing or any other dealing in any
other manner with the following motor vehicles and motorcycles—
(a) Motor Vehicle registration No. KCW 880M, Toyota, Station
Wagon, Land Cruiser, Chassis No. URJ202-4127377 in the
name of Jean Emmanuel Morlon;
(b) Motor Vehicle registration No. KDJ 035Q, Land Rover,
Pickup, Defender 110, Chassis No. SALLDVAD7AA289944
in the name of Jean Emmanuel Morlon;
(c) Motor cycle registration No. KMGH 236F, Make BMW,
Model No. R1250GSA, Chassis No. WB10M1109N6F74240
in the name of Jean Emmanuel Morlon;
(d) Motor cycle registration number KMEG 488M, Make KTM,
Model 690 Enduro R, Chassis No. VBKLET407HM707822 in
the name of Winnie Muthoni Maina;
3. THAT the 1st and 2nd Respondents be directed to surrender the
original logbooks of the motor vehicles and the motorcycles
specified in prayer 2 above to the Applicant forthwith.
4. THAT in the event the Respondents fails to surrender the above
motor vehicle and motorcycles as specified in order 2, the
Applicant be ordered to seize and detain the motor vehicles and
motorcycles specified therein.
5. THAT an order be issued directing the Director General of the
National Transport and Safety Authority to register a caveat
against the records of each the motor vehicles and motorcycles
specified in order 2 above.
6. THAT this Honourable Court be pleased to issue a Preservation
and transfer orders of the following funds in the name of the 3rd,
4th and 5th Respondents—
(a) KSh. 39, 833.84 held in account No. 0420117001 at Diamond
Trust Bank in the name of RhinoJohn Prime Metal
International Ltd-Curlcy;
(b) KSh.. 2, 070.28 held in account No. 0754393001 at Diamond
Trust Bank in the name of Afrex Bridge Connections Ltd-
Curlcy;
(c) KSh. 14, 454.50 held in account No. 0886589001 at Diamond
Trust Bank in the name of Skydive Rhino Kenya Ltd-Curlcy;
(d) USD 36, 200.32 held in account No. 0754393002 at Diamond
Trust Bank the name of Afrex Bridge Connections Ltd-Curlcy;
7. THAT the Honourable Court be pleased to issue an order that the
KSh. 39, 833.84, KSh. 2, 070.28 and KSh. 14, 454.50 and
specified in prayer 6 above be deposited into the Criminal Assets
Recovery Fund Account No. 1240221339 held at Kenya
Commercial Bank Limited, KICC Branch.
8. THAT the Honourable Court be pleased to issue an order that the
USD 36, 200.32 and specified in prayer 6 above be deposited into
the Criminal Assets Recovery Fund Account No. 1292910038 held
at Kenya Commercial Bank Limited, KICC Branch.
9. THAT the Honourable Court makes any other ancillary order it
may deem fit for the proper, fair effective execution of these
orders.
10. THAT the costs be provided for.
Ex-Parte;
UPON READING the Application dated 5th June, 2025, brought
under certificate of urgency by Counsel for the Applicant under
Sections 81, 82, 84, and 131 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 COLLINS IPAPO sworn on 5th June, 2025 and the
annextures thereto;
IT IS HEREBY ORDERED
1. THAT a Preservation order be and is hereby granted against the
Respondents and/or their employees, agents, servants,
representatives or any other persons acting on their behalf from
selling/ charging/ mortgaging/ transferring/ disposing or any other
dealing in any other manner with the following motor vehicles and
motorcycles—
(a) Motor Vehicle registration No. KCW 880M, Toyota, Station
Wagon, Land Cruiser, Chassis No. URJ202-4127377 in the
name of Jean Emmanuel Morlon;
(b) Motor Vehicle registration No. KDJ 035Q, Land Rover,
Pickup, Defender 110, Chassis No. SALLDVAD7AA289944
in the name of Jean Emmanuel Morlon;
(c) Motor cycle registration No. KMGH 236F, Make BMW,
Model No. R1250GSA, Chassis No. WB10M1109N6F74240
in the name of Jean Emmanuel Morlon;
(d) Motor cycle registration No. KMEG 488M, Make KTM,
Model 690 Enduro R, Chassis No. VBKLET407HM707822 in
the name of Winnie Muthoni Maina;
4th July, 2025 THE KENYA GAZETTE
2. THAT the 1st and 2nd Respondents be and are hereby directed to
surrender the original logbooks of the motor vehicles and the
motorcycles specified in Order 1 above to the Applicant forthwith.
3. THAT in the event the Respondents fails to surrender the above
motor vehicle and motorcycles as specified in Order 1, the
Applicant be and is hereby ordered to seize and detain the motor
vehicles and motorcycles specified therein.
4. THAT an order be issued directing the Director-General of the
National Transport and Safety Authority to register a caveat
against the records of each the motor vehicles and motorcycles
specified in Order 1 above.
5. THAT a Preservation Order be and is hereby issued of the
following funds in the name of the 3rd, 4th and 5th Respondents
but only to the extent that the funds shall be preserved in the
named accounts without the element or aspect of transfer;
(a) KSh. 39, 833.84 held in account No. 0420117001 at Diamond
Trust Bank in the name of Rhino John Prime Metal
International Ltd-Curlcy;
(b) KSh. 2, 070.28 held in account No. 0754393001 at Diamond
Trust Bank in the name of Afrex Bridge Connections Ltd-
Curlcy;
(c) KSh. 14, 454.50 held in account No. 0886589001 at Diamond
Trust Bank in the name of Skydive Rhino Kenya Ltd-Curlcy;
(d) USD 36, 200.32 held in account No. 0754393002 at Diamond
Trust Bank the name of Afrex Bridge Connections Ltd-Curlcy.
6. THAT the orders shall be for a period of ninety (90) days upon
publication in the gazette.
GIVEN under my hand and the seal of the Honorable Court this
13th day of June, 2025.
ISSUED at NAIROBI this 17th day of June, 2025.
DEPUTY REGISTRAR,
High Court,
Anti Corruption And Economic Crimes Division, Nairobi.
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 26th June, 2025.
MARK OGONJI,
SO2975 Ag. Director-General, Assets Recovery Agency.
Dated the 26th June, 2025.
MARK OGONJI,
SO2975 Ag. Director-General, Assets Recovery Agency.
Extracted Entities (3)
company_registration
KMGH
KMEG
previous_gazette_ref
8908
Details
- Act / Legislation
- THE PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT
- Reference
- No. 9 of 2009
- Section
- section 83 (1)
- Signed By
- MARK OGONJI
- Title
- SO2975 Ag. Director-General, Assets Recovery Agency
- Date Signed
- 26th June 2025
- Page
- 33
- Extraction Method
- regex
Source Gazette
Vol. CXXVII No. 145
Published 22nd January 2025