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GAZETTE NOTICE NO. 13866

GAZETTE NOTICE NO. 13866

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 Ag. Agency Director General gives notice to— Moses Nanoka Egadwa that the High Court has issued preservation orders in Nairobi High Court Miscellaneous Application No. E042 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 E42 OF 2025 In the Matter of: An Application for Orders Under Sections 81, 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 of Motor Vehicle Registration No. KAP 797G, Pick-Up Nissan Hard Body, Green in the Name of Moses Nanoka Egadwa. Preservation of Land Title No. Kwale/Mwabungo/S.S/224, measuring 0.160ha in the Name of Moses Nanoka Egadwa. Preservation of Land Title No. Kwale/Mwabungo/S.S/842 Measuring 0.3499ha in the name of Moses Nanoka Egadwa. Preservation of Kenya Shillings Three Million, Five Hundred and Seventy-Nine Thousand, Six Hundred And Sixteen Point Zero Five (KSh. 3,579,616.05) Held In Account No. 2052851168 At Absa Bank, Ukunda Branch in the Name of Moses Nanoka Egadwa. BETWEEN Assets Recovery Agency…………...………………………...Applicant VERSUS Moses Nanoka Egadwa ….…...………................................Respondent IN CHAMBERS ON 17th September, 2025 Before Hon. Lady Justice Lucy Njuguna CLAIMS IN THE APPLICATION 1. THAT this Honourable Court be pleased to issue a preservation Order against the Respondent and/or their employees, agents, or representatives acting on their behalf prohibiting the sale, transfer, or disposal off or other dealings with the motor vehicle registration No. KAP 797G, Pick Up Nissan Hard Body, Green in the name of the Respondent. 2. THAT this Honourable Court do issue orders for preservation and seizure of KSh. 3,579,616.05 held at ABSA Bank account No. 2052851168, Ukunda Branch in the name of the Respondent. 3. THAT this Honourable Court be pleased to issue an order directing the funds in prayer 3 to be transferred to the Asset Recovery Agency Preservation Kenya Shillings Account No. 1240221339 held at Kenya Commercial Bank, KICC branch. 4. THAT this Honourable Court do issue preservation orders for Land Title number Kwale/Mwabungo/S.S/224 measuring 0.160ha and Land Title Number Kwale/Mwabungo/S.S/842 Measuring 0.3499ha in the name of the Respondent. 5. THAT the Respondent be directed to surrender the original logbook and keys of the motor vehicle specified in prayer 2 above to the Applicant within 7 days herein. 6. THAT an order directing the Director General of the National Transport and Safety Authority to register a caveat against the record of the motor vehicle specified in order 2 above. 7. THAT the Respondent be ordered to surrender the motor vehicle specified in prayer 2 above to the Applicant and be assembled at the Applicant’s premises with immediate effect. 8. THAT an order directing the Registrar of Lands, Kwale to register a caution against the parcels of land in order 5 above. 9. THAT the Honourable Court do make any other ancillary orders it may deem fit and necessary for the proper and effective execution of its orders. 10. THAT costs be provided for. Ex-Parte; UPON consideration of the Originating Motion dated 16th September, 2025, brought under certificate of urgency 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 upon reading the supporting affidavit of Isaac Nakitare sworn on 16th September, 2025 and the annextures thereto; IT IS HEREBY ORDERED 1. THAT an order of preservation be and is hereby issued against the Respondent and/or their employees, agents, or representatives acting on their behalf prohibiting the sale, transfer, or disposal off or other dealings with the motor vehicle registration No. KAP 797G, Pick Up Nissan Hard Body, Green in the name of the Respondent. 2. THAT an order be and is hereby issued for the preservation and seizure of KSh. 3,579,616.05 held at ABSA Bank account No. 2052851168, Ukunda Branch in the name of the Respondent. 3. THAT an order be and is hereby issued directing the funds in order 2 to be transferred to the Assets Recovery Agency Preservation Kenya Shillings Account No. 1240221339 held at Kenya Commercial Bank, KICC branch. 4. THAT a preservation order be and is hereby issued for Land Title number Kwale/Mwabungo/S.S/224 measuring 0.160ha and Land Title Number Kwale/Mwabungo/S.S/842 Measuring 0.3499ha in the name of the Respondent. 5. THAT the Respondent be and is hereby directed to surrender the original logbook and keys of the motor vehicle specified in Order 1 above to the Applicant within 7 days herein. 6. THAT an order be and 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 specified in order 1 above. 7. THAT the Respondent be and is hereby ordered to surrender the motor vehicle specified in order 1 above to the Applicant and be assembled at the Applicant’s premises with immediate effect. 8. THAT an order be and is hereby issued directing the Registrar of Lands, Kwale to register a caution against the parcels of land in order 4 above. 6454 6454 GIVEN under my hand and the seal of this Honorable Court this 17th day of September, 2025. ISSUED at NAIROBI this 18th day of September, 2025. DEPUTY REGISTRAR, High Court Anti-Corruption and Economic Crimes Division Nairobi. PENAL NOTICE Take Notice that any Disobedience or Non-Observance of the Order of the Court served Herewith will result in penal consequences to you and any other Person(s) Disobeying and not Observing the same. Dated the 22nd September, 2025. MARK OGONJI, SO4334 Ag. Director Assets Recovery Agency.

Dated the 22nd September, 2025.

MARK OGONJI,

SO4334 Ag. Director Assets Recovery Agency.

Extracted Entities (1)

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13866

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
SO4334 Ag. Director Assets Recovery Agency
Date Signed
22nd September 2025
Page
57
Extraction Method
regex