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PRESERVATION ORDERS
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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)
previous_gazette_ref
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
Source Gazette
Vol. CXXVII No. 200
Published 28th February 2025